Consumer Protection Committee
Filed: 2/28/2007
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1 | AMENDMENT TO HOUSE BILL 818
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2 | AMENDMENT NO. ______. Amend House Bill 818 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 4-605 as follows: | ||||||
6 | (220 ILCS 5/4-605 new) | ||||||
7 | Sec. 4-605. Prohibition against the installation, | ||||||
8 | operation, and maintenance of electric distribution facilities | ||||||
9 | and equipment. | ||||||
10 | (a) The General Assembly finds that the installation, | ||||||
11 | maintenance, and operation of electric distribution facilities | ||||||
12 | and equipment has traditionally been performed by electric | ||||||
13 | utility employees and personnel of electric utility | ||||||
14 | contractors who have the requisite skills, training, and | ||||||
15 | experience to properly and safely install, maintain, and | ||||||
16 | operate these facilities and equipment. The General Assembly |
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1 | further finds that it is unjust and unreasonable and a public | ||||||
2 | safety and system reliability hazard for retail customers or | ||||||
3 | persons or entities on their behalf to install, maintain or | ||||||
4 | operate electric distribution facilities or equipment. | ||||||
5 | (b) For purposes of this Section: | ||||||
6 | "Retail customer" and "electric utility" have the same | ||||||
7 | meanings as those terms are defined in Section 16-102 of the | ||||||
8 | Public Utilities Act. | ||||||
9 | "Electric distribution facilities and equipment" means all | ||||||
10 | of the facilities and equipment, including, but not limited to, | ||||||
11 | substations, distribution feeder circuits, switches, | ||||||
12 | protective equipment, primary circuits, distribution | ||||||
13 | transformers, line extensions and service extensions both | ||||||
14 | above or below ground, conduit, risers, elbows, transformer | ||||||
15 | pads, junction boxes, manholes, pedestals, conductors, and all | ||||||
16 | associated fittings that connect the transmission system to | ||||||
17 | either the weatherhead on the retail customer's building or | ||||||
18 | other structure for above ground service or to the terminals on | ||||||
19 | the meter base of the retail customer's building or other | ||||||
20 | structure for below ground service.
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21 | (c) Notwithstanding any law, tariff, Commission rule, | ||||||
22 | order, or decision to the contrary, no electric utility shall | ||||||
23 | allow a retail customer or any person, corporation, or agent on | ||||||
24 | behalf of such customer to install, operate, or maintain any | ||||||
25 | electric distribution facility or equipment. The installation, | ||||||
26 | operation, and maintenance of any electric distribution |
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1 | facility or equipment shall be the obligation of the electric | ||||||
2 | utility that provides delivery services to the retail customer. | ||||||
3 | (d) Subsection (c) of this Section shall not apply to a | ||||||
4 | retail customer of a municipal system or electric cooperative | ||||||
5 | as the terms "municipal system" and "electric cooperative" are | ||||||
6 | respectively defined in Sections 3-119 and 16-102 of the Public | ||||||
7 | Utilities Act. | ||||||
8 | (e) The employees of an electric utility, including the | ||||||
9 | collective bargaining representative or representatives of | ||||||
10 | such employees, that are obligated to install, operate, or | ||||||
11 | maintain electric distribution facilities and equipment shall | ||||||
12 | have an independent statutory cause of action under State law | ||||||
13 | to file a complaint against an electric utility, retail | ||||||
14 | customer or person, corporation, or agent acting on behalf of a | ||||||
15 | retail customer in circuit court for alleged violations of | ||||||
16 | subsection (c) of this Section. | ||||||
17 | The employees of an electric utility, including the | ||||||
18 | collective bargaining representative or representatives of | ||||||
19 | such employees, may file a complaint in the circuit court of | ||||||
20 | Cook, Sangamon, or Madison County or the circuit court of any | ||||||
21 | county in which the alleged violation of subsection (c) of this | ||||||
22 | Section has or is about to occur in order to have the alleged | ||||||
23 | violation stopped or prevented either by mandamus or | ||||||
24 | injunction. The circuit court shall specify a time, not | ||||||
25 | exceeding 21 days after the service of the copy of the | ||||||
26 | complaint for mandamus or injunction for the filing of an |
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1 | answer, and in the meantime the named defendant or defendants | ||||||
2 | shall be restrained from continuing an alleged violation | ||||||
3 | pending a hearing before the court. In the event of default, or | ||||||
4 | after answer, the circuit court shall immediately inquire into | ||||||
5 | the facts and circumstances of the case and enter an | ||||||
6 | appropriate order with respect to the matters in the complaint. | ||||||
7 | An appeal may be taken from the final judgment in the same | ||||||
8 | manner and with the same effect as appeals are taken from | ||||||
9 | judgments of the circuit court in other actions for mandamus or | ||||||
10 | injunction. | ||||||
11 | Nothing in this subsection (e) shall limited the rights of | ||||||
12 | employees of an electric utility, including the collective | ||||||
13 | bargaining representative or representatives of such | ||||||
14 | employees, that is obligated to install, operate, or maintain | ||||||
15 | electric distribution facilities and equipment to file a | ||||||
16 | complaint against the electric utility, retail customer or | ||||||
17 | person, corporation, or agent acting on behalf of a retail | ||||||
18 | customer with the Commission for alleged violations of | ||||||
19 | subsection (c) of this Section. | ||||||
20 | (f) In any case in which an employee of an electric | ||||||
21 | utility, including the collective bargaining representative or | ||||||
22 | representatives of such employees, demonstrates that an | ||||||
23 | electric utility, retail customer or a person, corporation, or | ||||||
24 | agent acting on behalf of a retail customer has violated or is | ||||||
25 | about to violate subsection (c) of this Section, the circuit | ||||||
26 | court shall permanently restrain the defendant or defendants |
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1 | from continuing the alleged violation and award the party | ||||||
2 | bringing the action the reasonable expenses of the litigation, | ||||||
3 | including all reasonable attorney's fees. The circuit court | ||||||
4 | shall impose a civil penalty of not less than $2,000 and not | ||||||
5 | greater than $30,000 for each violation. Each violation of | ||||||
6 | subsection (c) of this Section shall be considered a separate | ||||||
7 | and distinct violation. In the event of a continuing violation, | ||||||
8 | each day's continuance thereof shall be a separate and distinct | ||||||
9 | offense, provided, however, that the cumulative penalty for any | ||||||
10 | continuing violation shall not exceed $500,000, and that these | ||||||
11 | limits shall not apply where the violation was intentional and | ||||||
12 | either (i) created substantial risk to the safety of the | ||||||
13 | utility's employees or customers or the public; or (ii) was | ||||||
14 | intended to cause economic benefits to accrue to the violator. | ||||||
15 | No penalties shall accrue under this subsection (f) until 15 | ||||||
16 | days after the mailing of a notice to such party or parties | ||||||
17 | that they are in violation of subsection (c) of this Section, | ||||||
18 | except that this notice provision shall not apply when the | ||||||
19 | violation was intentional.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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