Full Text of HB4382 102nd General Assembly
HB4382enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 2-202, 8-406, and 8-406.1 as follows:
| 6 | | (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
| 7 | | Sec. 2-202. Policy; Public Utility Fund; tax.
| 8 | | (a) It is declared to be the public policy of this State | 9 | | that
in order to maintain and foster the effective regulation | 10 | | of public
utilities under this Act in the interests of the | 11 | | People of the State of
Illinois and the public utilities as | 12 | | well, the public utilities subject
to regulation under this | 13 | | Act and which enjoy the privilege of operating
as public | 14 | | utilities in this State, shall bear the expense of
| 15 | | administering this Act by means of a tax on such privilege | 16 | | measured by the
annual gross revenue of such public utilities | 17 | | in the manner provided in
this Section. For purposes of this | 18 | | Section, "expense of
administering this Act" includes any | 19 | | costs incident to studies, whether
made by the Commission or | 20 | | under contract entered into by the Commission,
concerning | 21 | | environmental pollution problems caused or contributed to by
| 22 | | public utilities and the means for eliminating or abating | 23 | | those
problems. Such proceeds shall be deposited in the Public |
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| 1 | | Utility Fund in
the State treasury.
| 2 | | (b) All of the ordinary and contingent expenses of the
| 3 | | Commission incident to the administration of this Act shall be | 4 | | paid out
of the Public Utility Fund except the compensation of | 5 | | the members of the
Commission which shall be paid from the | 6 | | General Revenue Fund.
Notwithstanding other provisions of this | 7 | | Act to the contrary, the
ordinary and contingent expenses of | 8 | | the Commission incident to the
administration of the Illinois | 9 | | Commercial Transportation Law may be paid
from appropriations | 10 | | from the Public Utility Fund through the end of fiscal
year | 11 | | 1986.
| 12 | | (c) A tax is imposed upon each public utility subject to | 13 | | the
provisions of this Act equal to .08% of its gross revenue | 14 | | for each
calendar year commencing with the calendar year | 15 | | beginning January 1, 1982,
except that the Commission may, by | 16 | | rule, establish a different rate no
greater than 0.1%.
For | 17 | | purposes of this Section, "gross revenue" shall not include
| 18 | | revenue from the production, transmission, distribution, sale,
| 19 | | delivery, or furnishing of electricity.
"Gross revenue" shall | 20 | | not include amounts paid by telecommunications retailers
under | 21 | | the Telecommunications Infrastructure Maintenance Fee Act.
| 22 | | (d) Annual gross revenue returns shall be filed in | 23 | | accordance with
paragraph (1) or (2) of this subsection (d).
| 24 | | (1) Except as provided in paragraph (2) of this | 25 | | subsection (d), on
or before January 10 of each year each | 26 | | public utility
subject to the provisions of this Act shall |
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| 1 | | file with the Commission an
estimated annual gross revenue | 2 | | return containing an estimate of the amount
of its gross | 3 | | revenue for the calendar year commencing January 1 of said
| 4 | | year and a statement of the amount of tax due for said | 5 | | calendar year on the
basis of that estimate. Public | 6 | | utilities may also file revised returns
containing updated | 7 | | estimates and updated amounts of tax due during the
| 8 | | calendar year. These revised returns, if filed, shall form | 9 | | the basis for
quarterly payments due during the remainder | 10 | | of the calendar year. In
addition, on or before March 31 of | 11 | | each year, each public
utility shall
file an amended | 12 | | return showing the actual amount of gross revenues shown | 13 | | by
the company's books and records as of December 31 of the | 14 | | previous year.
Forms and instructions for such estimated, | 15 | | revised, and amended returns
shall be devised and supplied | 16 | | by the Commission.
| 17 | | (2) Beginning with returns due after January 1, 2002, | 18 | | the
requirements of paragraph (1) of
this subsection (d) | 19 | | shall not apply to any public utility in any calendar year
| 20 | | for which the total tax the public utility owes under this | 21 | | Section is less than
$10,000. For such public utilities | 22 | | with respect to such years,
the public
utility shall file | 23 | | with the Commission, on or before March 31
of the
| 24 | | following year, an annual gross revenue return for the | 25 | | year and a statement of
the amount of tax due for that year | 26 | | on the basis of such a return. Forms and
instructions for |
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| 1 | | such returns and corrected returns shall be devised and
| 2 | | supplied by the Commission.
| 3 | | (e) All returns submitted to the Commission by a public | 4 | | utility as
provided in this subsection (e) or subsection (d) | 5 | | of this Section shall contain
or be verified by a written | 6 | | declaration by an appropriate officer of the public
utility | 7 | | that the return is made under the penalties of perjury. The | 8 | | Commission
may audit each such return submitted and may, under | 9 | | the provisions of Section
5-101 of this Act, take such | 10 | | measures as are necessary to ascertain the
correctness of the | 11 | | returns submitted. The Commission has the power to direct
the | 12 | | filing of a corrected return by any utility which has filed an | 13 | | incorrect
return and to direct the filing of a return by any | 14 | | utility which has failed to
submit a return. A taxpayer's | 15 | | signing a fraudulent return under this Section
is perjury, as | 16 | | defined in Section 32-2 of the Criminal Code of 2012.
| 17 | | (f) (1) For all public utilities subject to paragraph (1) | 18 | | of
subsection (d), at least one quarter of the annual amount of | 19 | | tax due
under subsection (c) shall be paid to the Commission on | 20 | | or before the tenth day
of January, April, July, and October of | 21 | | the calendar year subject to tax. In
the event that an | 22 | | adjustment in the amount of tax due should be necessary as a
| 23 | | result of the filing of an amended or corrected return under | 24 | | subsection (d) or
subsection (e) of this Section, the amount | 25 | | of any deficiency shall be paid by
the public utility together | 26 | | with the amended or corrected return and the amount
of any |
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| 1 | | excess shall, after the filing of a claim for credit by the | 2 | | public
utility, be returned to the public utility in the form | 3 | | of a credit memorandum
in the amount of such excess or be | 4 | | refunded to the public utility in accordance
with the | 5 | | provisions of subsection (k) of this Section. However, if such
| 6 | | deficiency or excess is less than $1, then the public utility | 7 | | need not pay the
deficiency and may not claim a credit.
| 8 | | (2) Any public utility subject to paragraph (2) of | 9 | | subsection (d)
shall pay the amount of tax due under | 10 | | subsection (c) on or before March
31 next following the end of | 11 | | the calendar year subject to tax. In the
event that an | 12 | | adjustment in the amount of tax due should be necessary as a
| 13 | | result of the filing of a corrected return under subsection | 14 | | (e), the amount
of any deficiency shall be paid by the public | 15 | | utility at the time the
corrected return is filed. Any excess | 16 | | tax payment by the public utility shall
be returned to it after | 17 | | the filing of a claim for credit, in the form of a
credit | 18 | | memorandum in the amount of the excess. However, if such | 19 | | deficiency or
excess is less than $1, the public utility need | 20 | | not pay the deficiency and may
not claim a credit.
| 21 | | (g) Each installment or required payment of the tax | 22 | | imposed by
subsection (c) becomes delinquent at midnight of | 23 | | the date that it is due.
Failure to make a payment as required | 24 | | by this Section shall result in the
imposition of a late | 25 | | payment penalty, an underestimation penalty, or both,
as | 26 | | provided by this subsection. The late payment penalty shall be |
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| 1 | | the
greater of:
| 2 | | (1) $25 for each month or portion of a month that the | 3 | | installment or
required payment is unpaid or
| 4 | | (2) an amount equal to the difference between what | 5 | | should have been paid
on the due date, based upon the most | 6 | | recently filed estimated, annual, or
amended return, and | 7 | | what was
actually paid, times 1%, for each month or | 8 | | portion of a
month that
the installment or required | 9 | | payment goes unpaid. This penalty may be
assessed as soon | 10 | | as the installment or required payment becomes delinquent.
| 11 | | The underestimation penalty shall apply to those public | 12 | | utilities
subject to paragraph (1) of subsection (d) and shall | 13 | | be calculated after
the filing of the amended return. It shall | 14 | | be imposed if the amount actually
paid on any of the dates | 15 | | specified in subsection (f) is not equal to at least
| 16 | | one-fourth of the amount actually due for the year, and shall | 17 | | equal the greater
of:
| 18 | | (1) $25 for each month or portion of a month that the | 19 | | amount due is unpaid
or
| 20 | | (2) an amount equal to the difference between what | 21 | | should have been
paid, based on the amended return, and | 22 | | what was actually paid as of the
date specified in | 23 | | subsection (f), times a percentage equal to 1/12 of the
| 24 | | sum of 10% and the percentage most recently established by | 25 | | the Commission
for interest to be paid on customer | 26 | | deposits under 83 Ill. Adm. Code
280.70(e)(1), for each |
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| 1 | | month or portion of a month that the amount due goes
| 2 | | unpaid, except that no underestimation penalty shall be | 3 | | assessed if the
amount actually paid on or before each of | 4 | | the dates specified in subsection
(f) was
based on an | 5 | | estimate of gross revenues at least equal to the actual | 6 | | gross
revenues for the previous year. The Commission may | 7 | | enforce the collection
of any delinquent installment or | 8 | | payment, or portion thereof by legal
action or in any | 9 | | other manner by which the collection of debts due the
| 10 | | State of Illinois may be enforced under the laws of this | 11 | | State. The
executive director or his designee may excuse | 12 | | the payment of an
assessed penalty or a portion of an | 13 | | assessed penalty if he determines that
enforced collection | 14 | | of the penalty as assessed
would be unjust.
| 15 | | (h) All sums collected by the Commission under the | 16 | | provisions of
this Section shall be paid promptly after the | 17 | | receipt of the same, accompanied
by a detailed statement | 18 | | thereof, into the Public Utility Fund in the State
treasury.
| 19 | | (i) During the month of October of each odd-numbered year | 20 | | the
Commission shall:
| 21 | | (1) determine the amount of all moneys deposited in | 22 | | the Public Utility
Fund during the preceding fiscal | 23 | | biennium plus the balance, if any, in that
fund at the | 24 | | beginning of that biennium;
| 25 | | (2) determine the sum total of the following items: | 26 | | (A) all moneys
expended or obligated against |
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| 1 | | appropriations made from the Public Utility
Fund during | 2 | | the preceding fiscal biennium, plus (B) the sum of the | 3 | | credit
memoranda then outstanding against the Public | 4 | | Utility Fund, if any; and
| 5 | | (3) determine the amount, if any, by which the sum | 6 | | determined as
provided in item (1) exceeds the amount | 7 | | determined as provided in item (2).
| 8 | | If the amount determined as provided in item (3) of this | 9 | | subsection exceeds
50% of the previous fiscal year's | 10 | | appropriation level, the Commission shall then compute the
| 11 | | proportionate amount, if
any, which (x) the tax paid hereunder | 12 | | by each utility during the preceding
biennium, and (y) the | 13 | | amount paid into the Public Utility Fund during the
preceding | 14 | | biennium by the Department of Revenue pursuant to Sections 2-9 | 15 | | and
2-11
of the Electricity Excise Tax Law, bears to the | 16 | | difference between the amount
determined as
provided in item | 17 | | (3) of this subsection (i) and 50% of the previous fiscal | 18 | | year's appropriation level.
The
Commission
shall cause the | 19 | | proportionate amount determined with respect to payments
made | 20 | | under the Electricity Excise Tax Law to be transferred into | 21 | | the General
Revenue Fund in the State Treasury, and notify | 22 | | each
public utility that it may file during the 3 month period | 23 | | after the date of
notification a claim for credit for the | 24 | | proportionate amount
determined with respect to payments made | 25 | | hereunder by the public utility.
If the
proportionate amount | 26 | | is less than $10, no notification will be sent by the
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| 1 | | Commission, and no right to a claim exists as to that amount. | 2 | | Upon the
filing of a claim for credit within the period | 3 | | provided, the Commission
shall issue a credit memorandum in | 4 | | such amount to such public utility. Any
claim for credit filed | 5 | | after the period provided for in this Section is void.
| 6 | | (i-5) During the month of June October of each year the | 7 | | Commission shall: | 8 | | (1) determine the amount of all moneys expected to be | 9 | | deposited in the Public Utility Fund during the next | 10 | | current fiscal year, plus the balance, if any, in that | 11 | | fund at the beginning of that year; | 12 | | (2) determine the total of all moneys expected to be | 13 | | expended or obligated against appropriations made from the | 14 | | Public Utility Fund during the next current fiscal year; | 15 | | and | 16 | | (3) determine the amount, if any, by which the amount | 17 | | determined in paragraph (2) exceeds the amount determined | 18 | | as provided in paragraph (1). | 19 | | If the amount determined as provided in paragraph (3) of | 20 | | this subsection (i-5) results in a deficit, the Commission may | 21 | | assess electric utilities and gas utilities for the difference | 22 | | between the amount appropriated for the ordinary and | 23 | | contingent expenses of the Commission and the amount derived | 24 | | under paragraph (1) of this subsection (i-5). Such proceeds | 25 | | shall be deposited in the Public Utility Fund in
the State | 26 | | treasury. The Commission shall apportion that difference among |
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| 1 | | those public utilities on the basis of each utility's share of | 2 | | the total intrastate gross revenues of the utilities subject | 3 | | to this subsection (i-5). Payments required under this | 4 | | subsection (i-5) shall be made in the time and manner directed | 5 | | by the Commission. The Commission shall permit utilities to | 6 | | recover Illinois Commerce Commission assessments effective | 7 | | pursuant to this subsection through an automatic adjustment | 8 | | mechanism that is incorporated into an existing tariff that | 9 | | recovers costs associated with this Section, or through a | 10 | | supplemental customer charge. | 11 | | Within 6 months after the first time assessments are made | 12 | | under this subsection (i-5), the Commission shall initiate a | 13 | | docketed proceeding in which it shall consider, in addition to | 14 | | assessments from electric and gas utilities subject to this | 15 | | subsection, the raising of assessments from, or the payment of | 16 | | fees by, water and sewer utilities, entities possessing | 17 | | certificates of service authority as alternative retail | 18 | | electric suppliers under Section 16-115 of this Act, entities | 19 | | possessing certificates of service authority as alternative | 20 | | gas suppliers under Section 19-110 of this Act, and | 21 | | telecommunications carriers providing local exchange | 22 | | telecommunications service or interexchange | 23 | | telecommunications service under Sections 13-204 or 13-205 of | 24 | | this Act. The amounts so determined shall be based on the costs | 25 | | to the agency of the exercise of its regulatory and | 26 | | supervisory functions with regard to the different industries |
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| 1 | | and service providers subject to the proceeding. No less often | 2 | | than every 3 years after the end of a proceeding under this | 3 | | subsection (i-5), the Commission shall initiate another | 4 | | proceeding for that purpose. | 5 | | The Commission may use this apportionment method until the | 6 | | docketed proceeding in which the Commission considers the | 7 | | raising of assessments from other entities subject to its | 8 | | jurisdiction under this Act has concluded. No credit memoranda | 9 | | shall be issued pursuant to subsection (i) if the amount | 10 | | determined as provided in paragraph (3) of this subsection | 11 | | (i-5) results in a deficit. | 12 | | (j) Credit memoranda issued pursuant to subsection (f)
and | 13 | | credit memoranda issued after notification and filing pursuant | 14 | | to
subsection (i) may be applied for the 2 year period from the | 15 | | date of issuance,
against the payment of any amount due during | 16 | | that period under
the tax imposed by subsection (c), or, | 17 | | subject to reasonable rule of the
Commission including | 18 | | requirement of notification, may be assigned to any
other | 19 | | public utility subject to regulation under this Act. Any | 20 | | application
of credit memoranda after the period provided for | 21 | | in this Section is void.
| 22 | | (k) The chairman or executive director may make refund of | 23 | | fees, taxes or
other charges whenever he shall determine that | 24 | | the person or public utility
will not be liable for payment of | 25 | | such fees, taxes or charges during the
next 24 months and he | 26 | | determines that the issuance of a credit memorandum
would be |
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| 1 | | unjust.
| 2 | | (Source: P.A. 99-906, eff. 6-1-17 .)
| 3 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | 4 | | Sec. 8-406. Certificate of public convenience and | 5 | | necessity. | 6 | | (a) No public utility not owning any city or village
| 7 | | franchise nor engaged in performing any public service or in | 8 | | furnishing any
product or commodity within this State as of | 9 | | July 1, 1921 and not
possessing a certificate of
public | 10 | | convenience and necessity from the Illinois Commerce | 11 | | Commission,
the State Public Utilities Commission , or
the | 12 | | Public Utilities Commission, at the time Public Act 84-617 | 13 | | this amendatory Act of 1985 goes
into effect (January 1, | 14 | | 1986) , shall transact any business in this State until it | 15 | | shall have
obtained a certificate from the Commission that | 16 | | public convenience and
necessity require the transaction of | 17 | | such business. A certificate of public convenience and | 18 | | necessity requiring the transaction of public utility business | 19 | | in any area of this State shall include authorization to the | 20 | | public utility receiving the certificate of public convenience | 21 | | and necessity to construct such plant, equipment, property, or | 22 | | facility as is provided for under the terms and conditions of | 23 | | its tariff and as is necessary to provide utility service and | 24 | | carry out the transaction of public utility business by the | 25 | | public utility in the designated area. |
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| 1 | | (b) No public utility shall begin the construction of any | 2 | | new plant,
equipment, property , or facility which is not in | 3 | | substitution of any
existing plant, equipment, property , or | 4 | | facility , or any extension or
alteration thereof or in | 5 | | addition thereto,
unless and until it shall have obtained from | 6 | | the
Commission a certificate that public convenience and | 7 | | necessity require such
construction. Whenever after a hearing | 8 | | the Commission determines that any
new construction or the | 9 | | transaction of any business by a public utility will
promote | 10 | | the public convenience and is necessary thereto, it shall have | 11 | | the
power to issue certificates of public convenience and | 12 | | necessity. The
Commission shall determine that proposed | 13 | | construction will promote the
public convenience and necessity | 14 | | only if the utility demonstrates: (1) that the
proposed | 15 | | construction is necessary to provide adequate, reliable, and
| 16 | | efficient service to its customers and is the
least-cost means | 17 | | of
satisfying the service needs of its customers or that the | 18 | | proposed construction will promote the development of an | 19 | | effectively competitive electricity market that operates | 20 | | efficiently, is equitable to all customers, and is the least | 21 | | cost means of satisfying those objectives;
(2) that the | 22 | | utility is capable of efficiently managing and
supervising the | 23 | | construction process and has taken sufficient action to
ensure | 24 | | adequate and efficient construction and supervision thereof; | 25 | | and (3)
that the utility is capable of financing the proposed | 26 | | construction without
significant adverse financial |
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| 1 | | consequences for the utility or its
customers. | 2 | | (b-5) As used in this subsection (b-5): | 3 | | "Qualifying direct current applicant" means an entity that | 4 | | seeks to provide direct current bulk transmission service for | 5 | | the purpose of transporting electric energy in interstate | 6 | | commerce. | 7 | | "Qualifying direct current project" means a high voltage | 8 | | direct current electric service line that crosses at least one | 9 | | Illinois border, the Illinois portion of which is physically | 10 | | located within the region of the Midcontinent Independent | 11 | | System Operator, Inc., or its successor organization, and runs | 12 | | through the counties of Pike, Scott, Greene, Macoupin, | 13 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is | 14 | | capable of transmitting electricity at voltages of 345 | 15 | | kilovolts 345kv or above, and may also include associated | 16 | | interconnected alternating current interconnection facilities | 17 | | in this State that are part of the proposed project and | 18 | | reasonably necessary to connect the project with other | 19 | | portions of the grid. | 20 | | Notwithstanding any other provision of this Act, a | 21 | | qualifying direct current applicant that does not own, | 22 | | control, operate, or manage, within this State, any plant, | 23 | | equipment, or property used or to be used for the transmission | 24 | | of electricity at the time of its application or of the | 25 | | Commission's order may file an application on or before | 26 | | December 31, 2023 with the Commission pursuant to this Section |
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| 1 | | or Section 8-406.1 for, and the Commission may grant, a | 2 | | certificate of public convenience and necessity to construct, | 3 | | operate, and maintain a qualifying direct current project. The | 4 | | qualifying direct current applicant may also include in the | 5 | | application requests for authority under Section 8-503. The | 6 | | Commission shall grant the application for a certificate of | 7 | | public convenience and necessity and requests for authority | 8 | | under Section 8-503 if it finds that the qualifying direct | 9 | | current applicant and the proposed qualifying direct current | 10 | | project satisfy the requirements of this subsection and | 11 | | otherwise satisfy the criteria of this Section or Section | 12 | | 8-406.1 and the criteria of Section 8-503, as applicable to | 13 | | the application and to the extent such criteria are not | 14 | | superseded by the provisions of this subsection. The | 15 | | Commission's order on the application for the certificate of | 16 | | public convenience and necessity shall also include the | 17 | | Commission's findings and determinations on the request or | 18 | | requests for authority pursuant to Section 8-503. Prior to | 19 | | filing its application under either this Section or Section | 20 | | 8-406.1, the qualifying direct current applicant shall conduct | 21 | | 3 public meetings in accordance with subsection (h) of this | 22 | | Section. If the qualifying direct current applicant | 23 | | demonstrates in its application that the proposed qualifying | 24 | | direct current project is designed to deliver electricity to a | 25 | | point or points on the electric transmission grid in either or | 26 | | both the PJM Interconnection, LLC or the Midcontinent |
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| 1 | | Independent System Operator, Inc., or their respective | 2 | | successor organizations, the proposed qualifying direct | 3 | | current project shall be deemed to be, and the Commission | 4 | | shall find it to be, for public use. If the qualifying direct | 5 | | current applicant further demonstrates in its application that | 6 | | the proposed transmission project has a capacity of 1,000 | 7 | | megawatts or larger and a voltage level of 345 kilovolts or | 8 | | greater, the proposed transmission project shall be deemed to | 9 | | satisfy, and the Commission shall find that it satisfies, the | 10 | | criteria stated in item (1) of subsection (b) of this Section | 11 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as | 12 | | applicable to the application, without the taking of | 13 | | additional evidence on these criteria. Prior to the transfer | 14 | | of functional control of any transmission assets to a regional | 15 | | transmission organization, a qualifying direct current | 16 | | applicant shall request Commission approval to join a regional | 17 | | transmission organization in an application filed pursuant to | 18 | | this subsection (b-5) or separately pursuant to Section 7-102 | 19 | | of this Act. The Commission may grant permission to a | 20 | | qualifying direct current applicant to join a regional | 21 | | transmission organization if it finds that the membership, and | 22 | | associated transfer of functional control of transmission | 23 | | assets, benefits Illinois customers in light of the attendant | 24 | | costs and is otherwise in the public interest. Nothing in this | 25 | | subsection (b-5) requires a qualifying direct current | 26 | | applicant to join a regional transmission organization. |
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| 1 | | Nothing in this subsection (b-5) requires the owner or | 2 | | operator of a high voltage direct current transmission line | 3 | | that is not a qualifying direct current project to obtain a | 4 | | certificate of public convenience and necessity to the extent | 5 | | it is not otherwise required by this Section 8-406 or any other | 6 | | provision of this Act. | 7 | | (c) After September 11, 1987 ( the effective date of Public | 8 | | Act 85-377) this amendatory Act of 1987 , no
construction shall | 9 | | commence on any new nuclear
power plant to be located within | 10 | | this State, and no certificate of public
convenience and | 11 | | necessity or other authorization shall be issued therefor
by | 12 | | the Commission, until the Director of the Illinois | 13 | | Environmental
Protection Agency finds that the United States | 14 | | Government, through its
authorized agency, has identified and | 15 | | approved a demonstrable technology or
means for the disposal | 16 | | of high level nuclear waste, or until such
construction has | 17 | | been specifically approved by a statute enacted by the General
| 18 | | Assembly. | 19 | | As used in this Section, "high level nuclear waste" means | 20 | | those aqueous
wastes resulting from the operation of the first | 21 | | cycle of the solvent
extraction system or equivalent and the | 22 | | concentrated wastes of the
subsequent extraction cycles or | 23 | | equivalent in a facility for reprocessing
irradiated reactor | 24 | | fuel and shall include spent fuel assemblies prior to
fuel | 25 | | reprocessing. | 26 | | (d) In making its determination under subsection (b) of |
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| 1 | | this Section, the Commission shall attach primary
weight to | 2 | | the cost or cost savings to the customers of the utility. The
| 3 | | Commission may consider any or all factors which will or may | 4 | | affect such
cost or cost savings, including the public | 5 | | utility's engineering judgment regarding the materials used | 6 | | for construction. | 7 | | (e) The Commission may issue a temporary certificate which | 8 | | shall remain
in force not to exceed one year in cases of | 9 | | emergency, to assure maintenance
of adequate service or to | 10 | | serve particular customers, without notice or
hearing, pending | 11 | | the determination of an application for a certificate, and
may | 12 | | by regulation exempt from the requirements of this Section | 13 | | temporary
acts or operations for which the issuance of a | 14 | | certificate will not be
required in the public interest. | 15 | | A public utility shall not be required to obtain but may | 16 | | apply for and
obtain a certificate of public convenience and | 17 | | necessity pursuant to this
Section with respect to any matter | 18 | | as to which it has received the
authorization or order of the | 19 | | Commission under the Electric Supplier Act,
and any such | 20 | | authorization or order granted a public utility by the
| 21 | | Commission under that Act shall as between public utilities be | 22 | | deemed to
be, and shall have except as provided in that Act the | 23 | | same force and effect
as, a certificate of public convenience | 24 | | and necessity issued pursuant to this
Section. | 25 | | No electric cooperative shall be made or shall become a | 26 | | party to or shall
be entitled to be heard or to otherwise |
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| 1 | | appear or participate in any
proceeding initiated under this | 2 | | Section for authorization of power plant
construction and as | 3 | | to matters as to which a remedy is available under the
Electric | 4 | | Supplier Act. | 5 | | (f) Such certificates may be altered or modified by the | 6 | | Commission, upon
its own motion or upon application by the | 7 | | person or corporation affected.
Unless exercised within a | 8 | | period of 2 years from the grant thereof ,
authority conferred | 9 | | by a certificate of convenience and necessity issued by
the | 10 | | Commission shall be null and void. | 11 | | No certificate of public convenience and necessity shall | 12 | | be construed as
granting a monopoly or an exclusive privilege, | 13 | | immunity or franchise. | 14 | | (g) A public utility that undertakes any of the actions | 15 | | described in items (1) through (3) of this subsection (g) or | 16 | | that has obtained approval pursuant to Section 8-406.1 of this | 17 | | Act shall not be required to comply with the requirements of | 18 | | this Section to the extent such requirements otherwise would | 19 | | apply. For purposes of this Section and Section 8-406.1 of | 20 | | this Act, "high voltage electric service line" means an | 21 | | electric line having a design voltage of 100,000 or more. For | 22 | | purposes of this subsection (g), a public utility may do any of | 23 | | the following: | 24 | | (1) replace or upgrade any existing high voltage | 25 | | electric service line and related facilities, | 26 | | notwithstanding its length; |
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| 1 | | (2) relocate any existing high voltage electric | 2 | | service line and related facilities, notwithstanding its | 3 | | length, to accommodate construction or expansion of a | 4 | | roadway or other transportation infrastructure; or | 5 | | (3) construct a high voltage electric service line and | 6 | | related facilities that is constructed solely to serve a | 7 | | single customer's premises or to provide a generator | 8 | | interconnection to the public utility's transmission | 9 | | system and that will pass under or over the premises owned | 10 | | by the customer or generator to be served or under or over | 11 | | premises for which the customer or generator has secured | 12 | | the necessary right of way. | 13 | | (h) A public utility seeking to construct a high-voltage | 14 | | electric service line and related facilities (Project) must | 15 | | show that the utility has held a minimum of 2 pre-filing public | 16 | | meetings to receive public comment concerning the Project in | 17 | | each county where the Project is to be located, no earlier than | 18 | | 6 months prior to filing an application for a certificate of | 19 | | public convenience and necessity from the Commission. Notice | 20 | | of the public meeting shall be published in a newspaper of | 21 | | general circulation within the affected county once a week for | 22 | | 3 consecutive weeks, beginning no earlier than one month prior | 23 | | to the first public meeting. If the Project traverses 2 | 24 | | contiguous counties and where in one county the transmission | 25 | | line mileage and number of landowners over whose property the | 26 | | proposed route traverses is one-fifth or less of the |
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| 1 | | transmission line mileage and number of such landowners of the | 2 | | other county, then the utility may combine the 2 pre-filing | 3 | | meetings in the county with the greater transmission line | 4 | | mileage and affected landowners. All other requirements | 5 | | regarding pre-filing meetings shall apply in both counties. | 6 | | Notice of the public meeting, including a description of the | 7 | | Project, must be provided in writing to the clerk of each | 8 | | county where the Project is to be located. A representative of | 9 | | the Commission shall be invited to each pre-filing public | 10 | | meeting. | 11 | | (i) For applications filed after August 18, 2015 ( the | 12 | | effective date of Public Act 99-399) this amendatory Act of | 13 | | the 99th General Assembly , the Commission shall , by certified | 14 | | mail, registered mail notify each owner of record of land, as | 15 | | identified in the records of the relevant county tax assessor, | 16 | | included in the right-of-way over which the utility seeks in | 17 | | its application to construct a high-voltage electric line of | 18 | | the time and place scheduled for the initial hearing on the | 19 | | public utility's application. The utility shall reimburse the | 20 | | Commission for the cost of the postage and supplies incurred | 21 | | for mailing the notice. | 22 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | 23 | | revised 10-21-21.) | 24 | | (220 ILCS 5/8-406.1) | 25 | | Sec. 8-406.1. Certificate of public convenience and |
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| 1 | | necessity; expedited procedure. | 2 | | (a) A public utility may apply for a certificate of public | 3 | | convenience and necessity pursuant to this Section for the | 4 | | construction of any new high voltage electric service line and | 5 | | related facilities (Project). To facilitate the expedited | 6 | | review process of an application filed pursuant to this | 7 | | Section, an application shall include all of the following: | 8 | | (1) Information in support of the application that | 9 | | shall include the following: | 10 | | (A) A detailed description of the Project, | 11 | | including location maps and plot plans to scale | 12 | | showing all major components. | 13 | | (B) The following engineering data: | 14 | | (i) a detailed Project description including: | 15 | | (I) name and destination of the Project; | 16 | | (II) design voltage rating (kV); | 17 | | (III) operating voltage rating (kV); and | 18 | | (IV) normal peak operating current rating; | 19 | | (ii) a conductor, structures, and substations | 20 | | description including: | 21 | | (I) conductor size and type; | 22 | | (II) type of structures; | 23 | | (III) height of typical structures; | 24 | | (IV) an explanation why these structures | 25 | | were selected; | 26 | | (V) dimensional drawings of the typical |
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| 1 | | structures to be used in the Project; and | 2 | | (VI) a list of the names of all new (and | 3 | | existing if applicable) substations or | 4 | | switching stations that will be associated | 5 | | with the proposed new high voltage electric | 6 | | service line; | 7 | | (iii) the location of the site and | 8 | | right-of-way including: | 9 | | (I) miles of right-of-way; | 10 | | (II) miles of circuit; | 11 | | (III) width of the right-of-way; and | 12 | | (IV) a brief description of the area | 13 | | traversed by the proposed high voltage | 14 | | electric service line, including a description | 15 | | of the general land uses in the area and the | 16 | | type of terrain crossed by the proposed line; | 17 | | (iv) assumptions, bases, formulae, and methods | 18 | | used in the development and preparation of the | 19 | | diagrams and accompanying data, and a technical | 20 | | description providing the following information: | 21 | | (I) number of circuits, with | 22 | | identification as to whether the circuit is | 23 | | overhead or underground; | 24 | | (II) the operating voltage and frequency; | 25 | | and | 26 | | (III) conductor size and type and number |
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| 1 | | of conductors per phase; | 2 | | (v) if the proposed interconnection is an | 3 | | overhead line, the following additional | 4 | | information also must be provided: | 5 | | (I) the wind and ice loading design | 6 | | parameters; | 7 | | (II) a full description and drawing of a | 8 | | typical supporting structure, including | 9 | | strength specifications; | 10 | | (III) structure spacing with typical | 11 | | ruling and maximum spans; | 12 | | (IV) conductor (phase) spacing; and | 13 | | (V) the designed line-to-ground and | 14 | | conductor-side clearances; | 15 | | (vi) if an underground or underwater | 16 | | interconnection is proposed, the following | 17 | | additional information also must be provided: | 18 | | (I) burial depth; | 19 | | (II) type of cable and a description of | 20 | | any required supporting equipment, such as | 21 | | insulation medium pressurizing or forced | 22 | | cooling; | 23 | | (III) cathodic protection scheme; and | 24 | | (IV) type of dielectric fluid and | 25 | | safeguards used to limit potential spills in | 26 | | waterways; |
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| 1 | | (vii) technical diagrams that provide | 2 | | clarification of any item under this item (1) | 3 | | should be included; and | 4 | | (viii) applicant shall provide and identify a | 5 | | primary right-of-way and one or more alternate | 6 | | rights-of-way for the Project as part of the | 7 | | filing. To the extent applicable, for each | 8 | | right-of-way, an applicant shall provide the | 9 | | information described in this subsection (a). Upon | 10 | | a showing of good cause in its filing, an | 11 | | applicant may be excused from providing and | 12 | | identifying alternate rights-of-way. | 13 | | (2) An application fee of $100,000, which shall be | 14 | | paid into the Public Utility Fund at the time the Chief | 15 | | Clerk of the Commission deems it complete and accepts the | 16 | | filing. | 17 | | (3) Information showing that the utility has held a | 18 | | minimum of 3 pre-filing public meetings to receive public | 19 | | comment concerning the Project in each county where the | 20 | | Project is to be located, no earlier than 6 months prior to | 21 | | the filing of the application. Notice of the public | 22 | | meeting shall be published in a newspaper of general | 23 | | circulation within the affected county once a week for 3 | 24 | | consecutive weeks, beginning no earlier than one month | 25 | | prior to the first public meeting. If the Project | 26 | | traverses 2 contiguous counties and where in one county |
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| 1 | | the transmission line mileage and number of landowners | 2 | | over whose property the proposed route traverses is 1/5 or | 3 | | less of the transmission line mileage and number of such | 4 | | landowners of the other county, then the utility may | 5 | | combine the 3 pre-filing meetings in the county with the | 6 | | greater transmission line mileage and affected landowners. | 7 | | All other requirements regarding pre-filing meetings shall | 8 | | apply in both counties. Notice of the public meeting, | 9 | | including a description of the Project, must be provided | 10 | | in writing to the clerk of each county where the Project is | 11 | | to be located. A representative of the Commission shall be | 12 | | invited to each pre-filing public meeting. | 13 | | For applications filed after the effective date of this | 14 | | amendatory Act of the 99th General Assembly, the Commission | 15 | | shall , by certified mail, registered mail notify each owner of | 16 | | record of the land, as identified in the records of the | 17 | | relevant county tax assessor, included in the primary or | 18 | | alternate rights-of-way identified in the utility's | 19 | | application of the time and place scheduled for the initial | 20 | | hearing upon the public utility's application. The utility | 21 | | shall reimburse the Commission for the cost of the postage and | 22 | | supplies incurred for mailing the notice. | 23 | | (b) At the first status hearing the administrative law | 24 | | judge shall set a schedule for discovery that shall take into | 25 | | consideration the expedited nature of the proceeding. | 26 | | (c) Nothing in this Section prohibits a utility from |
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| 1 | | requesting, or the Commission from approving, protection of | 2 | | confidential or proprietary information under applicable law. | 3 | | The public utility may seek confidential protection of any of | 4 | | the information provided pursuant to this Section, subject to | 5 | | Commission approval. | 6 | | (d) The public utility shall publish notice of its | 7 | | application in the official State newspaper within 10 days | 8 | | following the date of the application's filing. | 9 | | (e) The public utility shall establish a dedicated website | 10 | | for the Project 3 weeks prior to the first public meeting and | 11 | | maintain the website until construction of the Project is | 12 | | complete. The website address shall be included in all public | 13 | | notices. | 14 | | (f) The Commission shall, after notice and hearing, grant | 15 | | a certificate of public convenience and necessity filed in | 16 | | accordance with the requirements of this Section if, based | 17 | | upon the application filed with the Commission and the | 18 | | evidentiary record, it finds the Project will promote the | 19 | | public convenience and necessity and that all of the following | 20 | | criteria are satisfied: | 21 | | (1) That the Project is necessary to provide adequate, | 22 | | reliable, and efficient service to the public utility's | 23 | | customers and is the least-cost means of satisfying the | 24 | | service needs of the public utility's customers or that | 25 | | the Project will promote the development of an effectively | 26 | | competitive electricity market that operates efficiently, |
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| 1 | | is equitable to all customers, and is the least cost means | 2 | | of satisfying those objectives. | 3 | | (2) That the public utility is capable of efficiently | 4 | | managing and supervising the construction process and has | 5 | | taken sufficient action to ensure adequate and efficient | 6 | | construction and supervision of the construction. | 7 | | (3) That the public utility is capable of financing | 8 | | the proposed construction without significant adverse | 9 | | financial consequences for the utility or its customers. | 10 | | (g) The Commission shall issue its decision with findings | 11 | | of fact and conclusions of law granting or denying the | 12 | | application no later than 150 days after the application is | 13 | | filed. The Commission may extend the 150-day deadline upon | 14 | | notice by an additional 75 days if, on or before the 30th day | 15 | | after the filing of the application, the Commission finds that | 16 | | good cause exists to extend the 150-day period. | 17 | | (h) In the event the Commission grants a public utility's | 18 | | application for a certificate pursuant to this Section, the | 19 | | public utility shall pay a one-time construction fee to each | 20 | | county in which the Project is constructed within 30 days | 21 | | after the completion of construction. The construction fee | 22 | | shall be $20,000 per mile of high voltage electric service | 23 | | line constructed in that county, or a proportionate fraction | 24 | | of that fee. The fee shall be in lieu of any permitting fees | 25 | | that otherwise would be imposed by a county. Counties | 26 | | receiving a payment under this subsection (h) may distribute |
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| 1 | | all or portions of the fee to local taxing districts in that | 2 | | county. | 3 | | (i) Notwithstanding any other provisions of this Act, a | 4 | | decision granting a certificate under this Section shall | 5 | | include an order pursuant to Section 8-503 of this Act | 6 | | authorizing or directing the construction of the high voltage | 7 | | electric service line and related facilities as approved by | 8 | | the Commission, in the manner and within the time specified in | 9 | | said order.
| 10 | | (Source: P.A. 99-399, eff. 8-18-15.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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