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1 | HOUSE RESOLUTION
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2 | WHEREAS, The 97th Illinois General Assembly passed Senate | ||||||
3 | Bill 1533 and House Bill 691 with super-majority votes in both | ||||||
4 | legislative chambers; Senate Bill 1533 became law on July 13, | ||||||
5 | 2011 as Public Act 97-96, and House Bill 691 became law on | ||||||
6 | December 8, 2011 as Public Act 97-630; and
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7 | WHEREAS, Public Act 97-96 set forth a detailed framework | ||||||
8 | for the development of a clean coal brownfield facility, | ||||||
9 | commonly known as the Chicago Clean Energy project, that | ||||||
10 | included a provision requiring the Illinois Commerce | ||||||
11 | Commission to approve the final sourcing agreements between the | ||||||
12 | Chicago Clean Energy project and gas utilities for the purchase | ||||||
13 | of substitute natural gas; and
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14 | WHEREAS, Public Act 97-630 was enacted as "trailer | ||||||
15 | legislation" to Public Act 97-96 with the intent to: (1) | ||||||
16 | address statutorily unauthorized early termination provisions | ||||||
17 | that had been included in the final draft sourcing agreements | ||||||
18 | transmitted to the Illinois Commerce Commission by the Illinois | ||||||
19 | Power Agency; and (2) clarify the limited role of the Illinois | ||||||
20 | Commerce Commission in approving the final sourcing agreements | ||||||
21 | between the Chicago Clean Energy project and gas utilities; and
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22 | WHEREAS, Pursuant to Public Act 97-630, the Illinois |
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1 | Commerce Commission, in reviewing and approving sourcing | ||||||
2 | agreements, was only to: (1) fill in the blanks in the final | ||||||
3 | draft sourcing agreement based upon the previously established | ||||||
4 | capital costs, operations and maintenance costs, and the rate | ||||||
5 | of return for the Chicago Clean Energy project; (2) remove 2 | ||||||
6 | statutorily unauthorized early termination provisions from the | ||||||
7 | final draft sourcing agreement; and (3) correct typographical | ||||||
8 | and scrivener's errors; and
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9 | WHEREAS, No statutory authority was given to the Illinois | ||||||
10 | Commerce Commission to modify the terms of the final draft | ||||||
11 | sourcing agreement or impose other obligations upon the Chicago | ||||||
12 | Clean Energy project beyond the limitations set forth in Public | ||||||
13 | Acts 97-96 and 97-630; and | ||||||
14 | WHEREAS, The Illinois Appellate and Supreme Courts have | ||||||
15 | consistently held that, because administrative agencies are | ||||||
16 | creatures of statute, they possess only those powers expressly | ||||||
17 | delegated by law, and they may not act beyond their statutorily | ||||||
18 | delegated authority; and
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19 | WHEREAS, The Illinois Appellate and Supreme Courts have | ||||||
20 | consistently held that public policy in Illinois is expressed | ||||||
21 | by the General Assembly, and it is not the province of an | ||||||
22 | administrative agency to inquire into the wisdom and propriety | ||||||
23 | of the legislature's act or to substitute its own judgment for |
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1 | that of the legislature; therefore, be it
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2 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
3 | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | ||||||
4 | we express serious concerns that the Illinois Commerce | ||||||
5 | Commission Order entered on January 10, 2012 in Docket No. | ||||||
6 | 11-0710: (1) modifies the final draft sourcing agreement with | ||||||
7 | respect to recovery of costs despite the Commission lacking | ||||||
8 | statutory authority to do so and despite the statutory language | ||||||
9 | and legislative intent of Public Act 97-96 to provide full cost | ||||||
10 | recovery to the Chicago Clean Energy project; (2) fails to | ||||||
11 | delete one of the 2 provisions for early termination that were | ||||||
12 | contained in the final draft sourcing agreements submitted to | ||||||
13 | the Commission by the Illinois Power Agency; and (3) imposes an | ||||||
14 | obligation to secure a third-party guarantee that is | ||||||
15 | contemplated nowhere in statute, that exceeds the limited role | ||||||
16 | envisioned for the Commission, and that is in addition to the | ||||||
17 | substantial consumer protections already set forth in the | ||||||
18 | statutory framework for the Chicago Clean Energy project; and | ||||||
19 | be it further
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20 | RESOLVED, That we urge that the Illinois Commerce | ||||||
21 | Commission rehear the matter and, upon rehearing, the | ||||||
22 | Commissioners of the Illinois Commerce Commission reach a | ||||||
23 | decision that reflects statutory directives and the intent of | ||||||
24 | the Illinois General Assembly in passing Public Acts 97-96 and |
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1 | 97-630; and be it further | ||||||
2 | RESOLVED, That suitable copies of this resolution be | ||||||
3 | delivered to the Commissioners of the Illinois Commerce | ||||||
4 | Commission, the Director of the Illinois Power Agency, and the | ||||||
5 | Governor.
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