Rep. Fred Crespo
Filed: 3/28/2008
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1 | AMENDMENT TO HOUSE BILL 5378
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2 | AMENDMENT NO. ______. Amend House Bill 5378, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Public Utilities Act is amended by changing | ||||||
6 | Section 9-201 as follows:
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7 | (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
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8 | Sec. 9-201. (a) Unless the Commission otherwise orders, and | ||||||
9 | except as
otherwise provided in this Section, no change shall | ||||||
10 | be made by any
public utility in any rate or other charge or | ||||||
11 | classification, or in any
rule, regulation, practice or | ||||||
12 | contract relating to or affecting any rate
or other charge, | ||||||
13 | classification or service, or in any privilege or
facility, | ||||||
14 | except after 45 days' notice to the Commission and to the
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15 | public as herein provided. Such notice shall be given by filing | ||||||
16 | with
the Commission and keeping open for public inspection new |
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1 | schedules or
supplements stating plainly the change or changes | ||||||
2 | to be made in the
schedule or schedules then in force, and the | ||||||
3 | time when the change or
changes will go into effect, and by | ||||||
4 | publication in a newspaper of
general circulation or such other | ||||||
5 | notice to persons affected by such
change as may be prescribed | ||||||
6 | by rule of the Commission. The Commission,
for good cause | ||||||
7 | shown, may allow changes without requiring the 45 days'
notice | ||||||
8 | herein provided for, by an order specifying the changes so to | ||||||
9 | be
made and the time when they shall take effect and the manner | ||||||
10 | in which
they shall be filed and published.
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11 | When any change is proposed in any rate or other charge, or
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12 | classification, or in any rule, regulation, practice, or | ||||||
13 | contract
relating to or affecting any rate or other charge, | ||||||
14 | classification or
service, or in any privilege or facility, | ||||||
15 | such proposed change shall be
plainly indicated on the new | ||||||
16 | schedule filed with the Commission, by some
character to be | ||||||
17 | designated by the Commission, immediately preceding or
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18 | following the item.
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19 | When any public utility providing water or sewer service | ||||||
20 | proposes any
change in any rate or other charge, or | ||||||
21 | classification, or in any rule,
regulation, practice, or | ||||||
22 | contract relating to or affecting any rate or
other charge, | ||||||
23 | classification or service, or in any privilege or facility,
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24 | such utility shall, in addition to the other notice | ||||||
25 | requirements of this
Act, provide notice of such change to all | ||||||
26 | customers potentially affected by
including a notice and |
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1 | description of such change, and of Commission
procedures for | ||||||
2 | intervention, in the first bill sent to each such customer
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3 | after the filing of the proposed change.
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4 | (b) Whenever there shall be filed with the Commission any | ||||||
5 | schedule
stating an individual or joint rate or other charge, | ||||||
6 | classification,
contract, practice, rule or regulation, the | ||||||
7 | Commission shall have power,
and it is hereby given authority, | ||||||
8 | either upon complaint or upon its own
initiative without | ||||||
9 | complaint, at once, and if it so orders, without
answer or | ||||||
10 | other formal pleadings by the interested public utility or
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11 | utilities, but upon reasonable notice, to enter upon a hearing
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12 | concerning the propriety of such rate or other charge, | ||||||
13 | classification,
contract, practice, rule or regulation, and | ||||||
14 | pending the hearing and
decision thereon, such rate or other | ||||||
15 | charge, classification, contract,
practice, rule or regulation | ||||||
16 | shall not go into effect. The period of
suspension of such rate | ||||||
17 | or other charge, classification, contract,
practice, rule or | ||||||
18 | regulation shall not extend more than 105 days beyond
the time | ||||||
19 | when such rate or other charge, classification, contract,
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20 | practice, rule or regulation would otherwise go into effect | ||||||
21 | unless the
Commission, in its discretion, extends the period of | ||||||
22 | suspension for a
further period not exceeding 6 months.
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23 | All rates or other charges, classifications, contracts, | ||||||
24 | practices, rules or
regulations not so suspended shall, on the | ||||||
25 | expiration of 45 days from
the time of filing the same with the | ||||||
26 | Commission, or of such lesser time
as the Commission may grant, |
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1 | go into effect and be the established and
effective rates or | ||||||
2 | other charges, classifications, contracts, practices,
rules | ||||||
3 | and regulations, subject to the power of the Commission, after | ||||||
4 | a
hearing had on its own motion or upon complaint, as herein | ||||||
5 | provided, to
alter or modify the same.
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6 | Within 30 days after such changes have been
authorized by | ||||||
7 | the Commission, copies of the new or revised schedules
shall be | ||||||
8 | posted or filed in accordance with the terms of Section 9-103 | ||||||
9 | of
this Act, in such a manner that all changes shall be plainly | ||||||
10 | indicated.
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11 | (c) If the Commission enters upon a hearing concerning the | ||||||
12 | propriety of
any proposed rate or other charge, classification, | ||||||
13 | contract, practice, rule
or regulation, the Commission shall | ||||||
14 | establish the rates or other charges,
classifications, | ||||||
15 | contracts, practices, rules or regulations proposed, in
whole | ||||||
16 | or in part, or others in lieu thereof, which it shall find to | ||||||
17 | be just
and reasonable. In such hearing, the burden of proof to | ||||||
18 | establish the justness
and reasonableness of the proposed rates | ||||||
19 | or other charges, classifications,
contracts, practices, rules | ||||||
20 | or regulations, in whole and in part, shall be
upon the | ||||||
21 | utility. No rate or other charge, classification, contract,
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22 | practice, rule or regulation shall be found just and reasonable | ||||||
23 | unless it
is consistent with Sections of this Article.
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24 | (d) Gas utility tariffs that adjust rates and charges | ||||||
25 | between rate proceedings to offset usage per customer declines | ||||||
26 | and guarantee recovery of margin revenues associated with |
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1 | specific usage per customer levels shall not be permitted. | ||||||
2 | Existing gas utility tariffs that adjust rates and charges | ||||||
3 | between rate proceedings to offset per customer usage declines | ||||||
4 | and guarantee recovery of margin revenues associated with | ||||||
5 | specific per customer usage levels shall be deemed invalid and | ||||||
6 | cancelled upon the effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly. For purposes of this Section, "margin" | ||||||
8 | means the dollar amount of delivery charge revenues, excluding | ||||||
9 | customer charge revenues, approved by the Commission in the | ||||||
10 | utility's most recent rate proceeding for each applicable | ||||||
11 | service classification.
Notwithstanding any other rulemaking | ||||||
12 | authority that may exist, neither the Governor nor any agency | ||||||
13 | or agency head under the jurisdiction of the Governor has any | ||||||
14 | authority to make or promulgate rules to implement or enforce | ||||||
15 | the provisions of this amendatory Act of the 95th General | ||||||
16 | Assembly. If, however, the Governor believes that rules are | ||||||
17 | necessary to implement or enforce the provisions of this | ||||||
18 | amendatory Act of the 95th General Assembly, the Governor may | ||||||
19 | suggest rules to the General Assembly by filing them with the | ||||||
20 | Clerk of the House and the Secretary of the Senate and by | ||||||
21 | requesting that the General Assembly authorize such rulemaking | ||||||
22 | by law, enact those suggested rules into law, or take any other | ||||||
23 | appropriate action in the General Assembly's discretion. | ||||||
24 | Nothing contained in this amendatory Act of the 95th General | ||||||
25 | Assembly shall be interpreted to grant rulemaking authority | ||||||
26 | under any other Illinois statute where such authority is not |
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1 | otherwise explicitly given. For the purposes of this amendatory | ||||||
2 | Act of the 95th General Assembly, "rules" is given the meaning | ||||||
3 | contained in Section 1-70 of the Illinois Administrative | ||||||
4 | Procedure Act, and "agency" and "agency head" are given the | ||||||
5 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
6 | Administrative Procedure Act to the extent that such | ||||||
7 | definitions apply to agencies or agency heads under the | ||||||
8 | jurisdiction of the Governor. | ||||||
9 | (Source: P.A. 84-617.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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