Full Text of HB0576 98th General Assembly
HB0576ham002 98TH GENERAL ASSEMBLY | Rep. Esther Golar Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 576
| 2 | | AMENDMENT NO. ______. Amend House Bill 576 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Section 9-201 as follows:
| 6 | | (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
| 7 | | Sec. 9-201.
(a) Unless the Commission otherwise orders, and | 8 | | except as
otherwise provided in this Section, no change shall | 9 | | be made by any
public utility in any rate or other charge or | 10 | | classification, or in any
rule, regulation, practice or | 11 | | contract relating to or affecting any rate
or other charge, | 12 | | classification or service, or in any privilege or
facility, | 13 | | except after 45 days' notice to the Commission and to the
| 14 | | public as herein provided. Such notice shall be given by filing | 15 | | with
the Commission and keeping open for public inspection new | 16 | | schedules or
supplements stating plainly the change or changes |
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| 1 | | to be made in the
schedule or schedules then in force, and the | 2 | | time when the change or
changes will go into effect, and by | 3 | | publication in a newspaper of
general circulation or such other | 4 | | notice to persons affected by such
change as may be prescribed | 5 | | by rule of the Commission. The Commission,
for good cause | 6 | | shown, may allow changes without requiring the 45 days'
notice | 7 | | herein provided for, by an order specifying the changes so to | 8 | | be
made and the time when they shall take effect and the manner | 9 | | in which
they shall be filed and published.
| 10 | | When any change is proposed 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 | | such proposed change shall be
plainly indicated on the new | 15 | | schedule filed with the Commission, by some
character to be | 16 | | designated by the Commission, immediately preceding or
| 17 | | following the item.
| 18 | | When any public utility providing water or sewer service | 19 | | proposes any
change in any rate or other charge, or | 20 | | classification, or in any rule,
regulation, practice, or | 21 | | contract relating to or affecting any rate or
other charge, | 22 | | classification or service, or in any privilege or facility,
| 23 | | such utility shall, in addition to the other notice | 24 | | requirements of this
Act, provide notice of such change to all | 25 | | customers potentially affected by
including a notice and | 26 | | description of such change, and of Commission
procedures for |
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| 1 | | intervention, in the first bill sent to each such customer
| 2 | | after the filing of the proposed change. Costs associated with | 3 | | notifications shall be included in the water or sewer utility's | 4 | | revenue requirement.
| 5 | | For water or sewer utilities with greater than 15,000 total | 6 | | customers, the following notice requirements are applicable, | 7 | | in addition to the other notice requirements of this Act: | 8 | | (1) As a separate bill insert, an initial notice in the | 9 | | first bill sent to all customers potentially affected by | 10 | | the proposed change after the filing of the proposed change | 11 | | shall include: | 12 | | (A) the approximate date when the change or changes | 13 | | shall go into effect assuming the Commission utilizes | 14 | | the 11-month process as described in this Section; | 15 | | (B) a statement indicating that the estimated bill | 16 | | impact may vary based on multiple factors, including, | 17 | | but not limited to, meter size, usage volume, and the | 18 | | fire protection district; | 19 | | (C) the water or sewer utility's customer service | 20 | | number or other number as may be appropriate where an | 21 | | authorized agent of the water or sewer utility can | 22 | | explain how the proposed increase might impact an | 23 | | individual customer's bill; | 24 | | (D) if the proposed change involves a change from a | 25 | | flat to a volumetric rate, an explanation of volumetric | 26 | | rate; |
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| 1 | | (E) a reference to the water or sewer utility's | 2 | | website where customers can find tips on water | 3 | | conservation; and | 4 | | (F) for customers receiving both water and sewer | 5 | | service from a utility and if the customer has an | 6 | | option to install a separate meter for irrigation to | 7 | | mitigate sewer charges, an explanation of the water and | 8 | | sewer utility's and the customer's responsibilities | 9 | | for installation of a separate meter if such a change | 10 | | is approved. | 11 | | (2) A second notice to all customers shall be included | 12 | | on the first bill after the Commission suspends the tariffs | 13 | | initiating the rate case. | 14 | | (3) Final notice of such change shall be sent to all | 15 | | customers potentially affected by the proposed change by | 16 | | including information required under this paragraph (3) | 17 | | with the first bill after the effective date of the rates | 18 | | approved by the Final Order of the Commission in a rate | 19 | | case. The notice shall include the following: | 20 | | (A) the date when the change or changes went into | 21 | | effect; | 22 | | (B) the water or sewer utility's customer service | 23 | | number or other number as may be appropriate where an | 24 | | authorized agent of the water or sewer utility can | 25 | | explain how the proposed increase might impact an | 26 | | individual customer's bill; |
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| 1 | | (C) an explanation that usage shall now be charged | 2 | | at a volumetric rate rather than a flat rate, if | 3 | | applicable; | 4 | | (D) a reference to the water or sewer utility's | 5 | | website where the customer can find tips on water | 6 | | conservation; and | 7 | | (E) for customers receiving both water and sewer | 8 | | service from a utility and if the customer has an | 9 | | option to install a separate meter for irrigation to | 10 | | mitigate sewer charges, an explanation of the water and | 11 | | sewer utility's and the customer's responsibilities | 12 | | for installation of a separate meter if such a change | 13 | | is approved. | 14 | | (b) Whenever there shall be filed with the Commission any | 15 | | schedule
stating an individual or joint rate or other charge, | 16 | | classification,
contract, practice, rule or regulation, the | 17 | | Commission shall have power,
and it is hereby given authority, | 18 | | either upon complaint or upon its own
initiative without | 19 | | complaint, at once, and if it so orders, without
answer or | 20 | | other formal pleadings by the interested public utility or
| 21 | | utilities, but upon reasonable notice, to enter upon a hearing
| 22 | | concerning the propriety of such rate or other charge, | 23 | | classification,
contract, practice, rule or regulation, and | 24 | | pending the hearing and
decision thereon, such rate or other | 25 | | charge, classification, contract,
practice, rule or regulation | 26 | | shall not go into effect. The period of
suspension of such rate |
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| 1 | | or other charge, classification, contract,
practice, rule or | 2 | | regulation shall not extend more than 105 days beyond
the time | 3 | | when such rate or other charge, classification, contract,
| 4 | | practice, rule or regulation would otherwise go into effect | 5 | | unless the
Commission, in its discretion, extends the period of | 6 | | suspension for a
further period not exceeding 6 months.
| 7 | | All rates or other charges, classifications, contracts, | 8 | | practices, rules or
regulations not so suspended shall, on the | 9 | | expiration of 45 days from
the time of filing the same with the | 10 | | Commission, or of such lesser time
as the Commission may grant, | 11 | | go into effect and be the established and
effective rates or | 12 | | other charges, classifications, contracts, practices,
rules | 13 | | and regulations, subject to the power of the Commission, after | 14 | | a
hearing had on its own motion or upon complaint, as herein | 15 | | provided, to
alter or modify the same.
| 16 | | Within 30 days after such changes have been
authorized by | 17 | | the Commission, copies of the new or revised schedules
shall be | 18 | | posted or filed in accordance with the terms of Section 9-103 | 19 | | of
this Act, in such a manner that all changes shall be plainly | 20 | | indicated. The Commission shall incorporate into the period of | 21 | | suspension a review period of 4 business days during which the | 22 | | Commission may review and determine whether the new or revised | 23 | | schedules comply with the Commission's decision approving a | 24 | | change to the public utility's rates. Such review period shall | 25 | | not extend the suspension period by more than 2 days. Absent | 26 | | notification to the contrary within the 4 business day period, |
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| 1 | | the new or revised schedules shall be deemed approved.
| 2 | | (c) If the Commission enters upon a hearing concerning the | 3 | | propriety of
any proposed rate or other charge, classification, | 4 | | contract, practice, rule
or regulation, the Commission shall | 5 | | establish the rates or other charges,
classifications, | 6 | | contracts, practices, rules or regulations proposed, in
whole | 7 | | or in part, or others in lieu thereof, which it shall find to | 8 | | be just
and reasonable. In such hearing, the burden of proof to | 9 | | establish the justness
and reasonableness of the proposed rates | 10 | | or other charges, classifications,
contracts, practices, rules | 11 | | or regulations, in whole and in part, shall be
upon the | 12 | | utility. The utility, the staff of the Commission, the Attorney | 13 | | General, or any party to a proceeding initiated under this | 14 | | Section who has been granted intervenor status and submitted a | 15 | | post-hearing brief must be given the opportunity to present | 16 | | oral argument, if requested no later than the date for filing | 17 | | exceptions, on the propriety of any proposed rate or other | 18 | | charge, classification, contract, practice, rule, or | 19 | | regulation. No rate or other charge, classification, contract,
| 20 | | practice, rule or regulation shall be found just and reasonable | 21 | | unless it
is consistent with Sections of this Article. | 22 | | (d) Except where compliance with Section 8-401 of this Act | 23 | | is of urgent and immediate concern, no representative of a | 24 | | public utility may discuss with a commissioner, commissioner's | 25 | | assistant, or hearing examiner in a non-public setting a | 26 | | planned filing for a general rate increase. If a public utility |
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| 1 | | makes a filing under this Section, then no substantive | 2 | | communication by any such person with a commissioner, | 3 | | commissioner's assistant or hearing examiner concerning the | 4 | | filing is permitted until a notice of hearing has been issued. | 5 | | After the notice of hearing has been issued, the only | 6 | | communications by any such person with a commissioner, | 7 | | commissioner's assistant, or hearing examiner concerning the | 8 | | filing permitted are communications permitted under Section | 9 | | 10-103 of this Act. If any such communication does occur, then | 10 | | within 5 days of the docket being initiated all details | 11 | | relating to the communication shall be placed on the public | 12 | | record of the proceeding. The record shall include any | 13 | | materials, whether written, recorded, filmed, or graphic in | 14 | | nature, produced or reproduced on any media, used in connection | 15 | | with the communication. The record shall reflect the names of | 16 | | all persons who transmitted, received, or were otherwise | 17 | | involved in the communication, the duration of the | 18 | | communication, and whether the communication occurred in | 19 | | person or by other means. In the case of an oral communication, | 20 | | the record shall also reflect the location or locations of all | 21 | | persons involved in the communication and, if the communication | 22 | | occurred by telephone, the telephone numbers for the callers | 23 | | and recipients of the communication. A commissioner, | 24 | | commissioner's assistant, or hearing examiner who is involved | 25 | | in any such communication shall be recused from the affected | 26 | | proceeding. The Commission, or any commissioner or hearing |
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| 1 | | examiner presiding over the proceeding shall, in the event of a | 2 | | violation of this Section, take action necessary to ensure that | 3 | | such violation does not prejudice any party or adversely affect | 4 | | the fairness of the proceedings including dismissing the | 5 | | affected proceeding. Nothing in this subsection (d) is intended | 6 | | to preclude otherwise allowable updates on issues that may be | 7 | | indirectly related to a general rate case filing because cost | 8 | | recovery for the underlying activity may be requested. Such | 9 | | updates may include, without limitation, issues related to | 10 | | outages and restoration, credit ratings, security issuances, | 11 | | reliability, Federal Energy Regulatory Commission matters, | 12 | | Federal Communications Commission matters, regional | 13 | | reliability organizations, consumer education, or labor | 14 | | matters, provided that such updates may not include cost | 15 | | recovery in a planned rate case.
| 16 | | (Source: P.A. 96-33, eff. 7-10-09.)".
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