Full Text of SB1299 95th General Assembly
SB1299eng 95TH GENERAL ASSEMBLY
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SB1299 Engrossed |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Sections 8-406 and 8-503 as follows:
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| (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
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| Sec. 8-406. Certificate of public convenience and | 8 |
| necessity.
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| (a) No public utility not owning any city or village
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| franchise nor engaged in performing any public service or in | 11 |
| furnishing any
product or commodity within this State as of | 12 |
| July 1, 1921 and not
possessing a certificate of
public | 13 |
| convenience and necessity from the Illinois Commerce | 14 |
| Commission,
the State Public Utilities Commission or
the Public | 15 |
| Utilities Commission, at the time this amendatory Act of 1985 | 16 |
| goes
into effect, shall transact any business in this State | 17 |
| until it shall have
obtained a certificate from the Commission | 18 |
| that public convenience and
necessity require the transaction | 19 |
| of such business.
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| (b) No public utility shall begin the construction of any | 21 |
| new plant,
equipment, property or facility which is not in | 22 |
| substitution of any
existing plant, equipment, property or | 23 |
| facility or any extension or
alteration thereof or in addition |
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| thereto,
unless and until it shall have obtained from the
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| Commission a certificate that public convenience and necessity | 3 |
| require such
construction. Whenever after a hearing the | 4 |
| Commission determines that any
new construction or the | 5 |
| transaction of any business by a public utility will
promote | 6 |
| the public convenience and is necessary thereto, it shall have | 7 |
| the
power to issue certificates of public convenience and | 8 |
| necessity. The
Commission shall determine that proposed | 9 |
| construction will promote the
public convenience and necessity | 10 |
| only if the utility demonstrates: (1) that the
proposed | 11 |
| construction is necessary to provide adequate, reliable, and
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| efficient service to its customers and is the
least-cost means | 13 |
| of
satisfying the service needs of its customers or that the | 14 |
| proposed construction will promote the development of an | 15 |
| effectively competitive electricity market that operates | 16 |
| efficiently, is equitable to all customers, and is the least | 17 |
| cost means of satisfying those objectives ;
(2) that the utility | 18 |
| is capable of efficiently managing and
supervising the | 19 |
| construction process and has taken sufficient action to
ensure | 20 |
| adequate and efficient construction and supervision thereof; | 21 |
| and (3)
that the utility is capable of financing the proposed | 22 |
| construction without
significant adverse financial | 23 |
| consequences for the utility or its
customers.
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| (c) After the effective date of this amendatory Act of | 25 |
| 1987, no
construction shall commence on any new nuclear
power | 26 |
| plant to be located within this State, and no certificate of |
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| public
convenience and necessity or other authorization shall | 2 |
| be issued therefor
by the Commission, until the Director of the | 3 |
| Illinois Environmental
Protection Agency finds that the United | 4 |
| States Government, through its
authorized agency, has | 5 |
| identified and approved a demonstrable technology or
means for | 6 |
| the disposal of high level nuclear waste, or until such
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| construction has been specifically approved by a statute | 8 |
| enacted by the General
Assembly.
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| As used in this Section, "high level nuclear waste" means | 10 |
| those aqueous
wastes resulting from the operation of the first | 11 |
| cycle of the solvent
extraction system or equivalent and the | 12 |
| concentrated wastes of the
subsequent extraction cycles or | 13 |
| equivalent in a facility for reprocessing
irradiated reactor | 14 |
| fuel and shall include spent fuel assemblies prior to
fuel | 15 |
| reprocessing.
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| (d) In making its determination, the Commission shall | 17 |
| attach primary
weight to the cost or cost savings to the | 18 |
| customers of the utility. The
Commission may consider any or | 19 |
| all factors which will or may affect such
cost or cost savings.
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| (e) The Commission may issue a temporary certificate which | 21 |
| shall remain
in force not to exceed one year in cases of | 22 |
| emergency, to assure maintenance
of adequate service or to | 23 |
| serve particular customers, without notice or
hearing, pending | 24 |
| the determination of an application for a certificate, and
may | 25 |
| by regulation exempt from the requirements of this Section | 26 |
| temporary
acts or operations for which the issuance of a |
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| certificate will not be
required in the public interest.
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| A public utility shall not be required to obtain but may | 3 |
| apply for and
obtain a certificate of public convenience and | 4 |
| necessity pursuant to this
Section with respect to any matter | 5 |
| as to which it has received the
authorization or order of the | 6 |
| Commission under the Electric Supplier Act,
and any such | 7 |
| authorization or order granted a public utility by the
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| Commission under that Act shall as between public utilities be | 9 |
| deemed to
be, and shall have except as provided in that Act the | 10 |
| same force and effect
as, a certificate of public convenience | 11 |
| and necessity issued pursuant to this
Section.
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| No electric cooperative shall be made or shall become a | 13 |
| party to or shall
be entitled to be heard or to otherwise | 14 |
| appear or participate in any
proceeding initiated under this | 15 |
| Section for authorization of power plant
construction and as to | 16 |
| matters as to which a remedy is available under The
Electric | 17 |
| Supplier Act.
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| (f) Such certificates may be altered or modified by the | 19 |
| Commission, upon
its own motion or upon application by the | 20 |
| person or corporation affected.
Unless exercised within a | 21 |
| period of 2 years from the grant thereof
authority conferred by | 22 |
| a certificate of convenience and necessity issued by
the | 23 |
| Commission shall be null and void.
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| No certificate of public convenience and necessity shall be | 25 |
| construed as
granting a monopoly or an exclusive privilege, | 26 |
| immunity or franchise.
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| (Source: P.A. 90-561, eff. 12-16-97.)
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| (220 ILCS 5/8-503) (from Ch. 111 2/3, par. 8-503)
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| Sec. 8-503. Whenever the Commission, after a hearing, shall | 4 |
| find that
additions, extensions, repairs or improvements to, or | 5 |
| changes in, the
existing plant, equipment, apparatus, | 6 |
| facilities or other physical property
of any public utility or | 7 |
| of any 2 or more public utilities are
necessary
and ought | 8 |
| reasonably to be made or that a new structure or structures is | 9 |
| or
are necessary and should be erected, to promote the security | 10 |
| or convenience
of its employees or the public or promote the | 11 |
| development of an effectively competitive electricity market , | 12 |
| or in any other way to secure adequate
service or facilities, | 13 |
| the Commission shall make and serve an order
authorizing or | 14 |
| directing that such additions, extensions, repairs,
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| improvements or changes be made, or such structure or | 16 |
| structures be erected
at the location, in the manner and within | 17 |
| the time specified in said order;
provided, however, that the
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| Commission shall have no authority to order the construction,
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| addition or extension of any electric generating plant unless
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| the public utility requests a certificate for the construction
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| of the plant pursuant to Section 8-406 and in conjunction with
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| such request also requests the entry of an order under this
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| Section.
If any additions, extensions, repairs, improvements | 24 |
| or changes, or any new
structure or structures, which the | 25 |
| Commission has authorized or ordered to
be erected, require |
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| joint action by 2 or more public utilities, the
Commission | 2 |
| shall notify the said public utilities that such additions,
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| extensions, repairs, improvements or changes or new structure | 4 |
| or structures
have been authorized or ordered and that the same | 5 |
| shall be made at the
joint cost whereupon the said public | 6 |
| utilities shall have such reasonable
time as the Commission may | 7 |
| grant within which to agree upon the
apportionment or division | 8 |
| of cost of such additions, extensions, repairs,
improvements or | 9 |
| changes or new structure or structures, which each shall
bear. | 10 |
| If at the expiration of such time such public utilities shall | 11 |
| fail to
file with the Commission a statement that an agreement | 12 |
| has been made for a
division or apportionment of the cost or | 13 |
| expense of such additions,
extensions, repairs, improvements | 14 |
| or changes, or new structure or
structures, the Commission | 15 |
| shall have authority, after further hearing, to
make an order | 16 |
| fixing the proportion of such cost or expense to be borne by
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| each public utility and the manner in which the same shall be | 18 |
| paid or secured.
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| Nothing in this Act shall prevent the Commission, upon its | 20 |
| own motion
or upon petition, from ordering, after a hearing, | 21 |
| the extension, construction,
connection or interconnection of | 22 |
| plant, equipment, pipe, line, facilities
or other physical | 23 |
| property of a public utility in whatever configuration the
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| Commission finds necessary to ensure that natural gas is made | 25 |
| available to
consumers at no increased cost to the customers of | 26 |
| the utility supplying the gas.
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| Whenever the Commission finds, after a hearing, that the | 2 |
| public convenience
or necessity requires it, the Commission may | 3 |
| order public utilities subject
to its jurisdiction to work | 4 |
| jointly (1) for the purpose of purchasing and
distributing | 5 |
| natural gas or gas substitutes, provided it shall not increase
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| the cost of gas to the customers of the participating | 7 |
| utilities, or (2) for
any other reasonable purpose.
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| (Source: P.A. 90-561, eff. 12-16-97.)
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