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90_HB0983
220 ILCS 5/8-408 new
Amends the Public Utilities Act in relation to power
interruptions and surges. Provides that in the event of
power failures that total more than 4 hours in any 30 day
period, electric public utilities must waive the monthly
fixed fee to customers, compensate customers for damages
incurred because of the failure, and reimburse governmental
units for emergency and contingency expenses incurred.
Requires compensation to customers for damages caused by
power surges. Imposes certain recordkeeping requirements on
all public utilities. Defines terms.
LRB9002509JSmg
LRB9002509JSmg
1 AN ACT to amend the Public Utilities Act by adding
2 Section 8-408.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by adding
6 Section 8-408 as follows:
7 (220 ILCS 5/8-408 new)
8 Sec. 8-408. Power interruptions and surges; damages.
9 (a) In the event that a customer of an electric public
10 utility is subjected to power interruptions of 4 hours or
11 more, cumulatively, that result in the transmission of power
12 at less than 50% of the standard voltage or the total loss of
13 power transmission during any 30 day period, the utility may
14 not charge or collect the fixed service charge on the
15 customer's periodic bill. In addition, the utility shall be
16 responsible for compensating affected customers for all
17 damages suffered as a result of the power interruption. The
18 utility shall also reimburse the affected municipality,
19 county, or other unit of local government in which the power
20 interruption or interruptions have taken place for all
21 emergency and contingency expenses incurred by the unit of
22 local government as a result of the interruption. A waiver
23 of the requirements of this subsection may be granted by the
24 Commission in instances in which the utility can show that
25 the power interruption or interruptions were a result of any
26 one or more of the following causes:
27 (1) Unpreventable damage due to catastrophic
28 weather events or conditions.
29 (2) Customer tampering.
30 (3) Unpreventable damage due to civil or
31 international unrest or animals.
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1 (4) Damage to utility equipment by a party other
2 than the utility, its employees, agents, or contractors.
3 Loss of revenue and expenses incurred in complying with
4 this subsection may not be recovered from ratepayers.
5 (b) In the event of a power surge or other fluctuation
6 in voltage more than 5% above the standard voltage level for
7 secondary distribution systems (600 volts or less) lasting 10
8 milliseconds or more, the utility shall pay to affected
9 customers the replacement value of all goods damaged as a
10 result of the power fluctuation unless the utility can show
11 that the power fluctuation was due to one or more of the
12 following causes:
13 (1) Unpreventable damage due to catastrophic
14 weather events or conditions.
15 (2) Customer tampering.
16 (3) Unpreventable damage due to civil or
17 international unrest or animals.
18 (4) Damage to utility equipment by a party other
19 than the utility, its employees, agents, or contractors.
20 Loss of revenue and expenses incurred in complying with
21 this subsection may not be recovered from ratepayers.
22 (c) Whenever a utility must perform planned or routine
23 maintenance or repairs on its equipment that will result in
24 transmission of power at less than 50% of the standard
25 voltage, loss of power, or power fluctuation (as defined in
26 subsection (b)), the utility shall make reasonable efforts to
27 notify potentially affected customers no less than 24 hours
28 in advance of performance of the repairs or maintenance.
29 (d) The provisions of this Section shall not in any way
30 diminish or replace other civil or administrative remedies
31 available to a customer or a class of customers.
32 (e) An electric public utility shall maintain service
33 records detailing information on each instance of
34 transmission of power at less than 50% of the standard
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1 voltage, loss of power, or power fluctuation (as defined in
2 subsection (b)), that affects 10 or more customers. The
3 service record shall include, for each occurrence, all of the
4 following information:
5 (1) The date.
6 (2) The time of occurrence.
7 (3) The duration of the incident.
8 (4) The number of customers affected.
9 (5) A description of the cause.
10 (6) The geographic area affected.
11 (7) The specific equipment involved in the
12 fluctuation or interruption.
13 (8) A description of measures taken to restore
14 service.
15 (9) A description of measures taken to remedy the
16 cause of the power interruption or fluctuation.
17 (10) A description of measures taken to prevent
18 future occurrence.
19 (11) The amount of remuneration, if any, paid to
20 affected customers.
21 (12) A statement of whether the fixed charge was
22 waived for affected customers.
23 A copy of the records containing this information shall
24 be available for public inspection at the utility's offices,
25 and copies of the records may be obtained upon payment of a
26 fee not exceeding the reasonable cost of reproduction.
27 A copy of each record shall be filed with the Commission
28 and shall be available for public inspection. A copy of the
29 records may be obtained from the Commission upon payment of a
30 fee not exceeding the reasonable cost of reproduction.
31 (f) All public utilities shall make available for public
32 inspection records detailing all capital improvement, repair,
33 and replacement plans and budgets for each year since 1980,
34 as well as annual reports of work completed on capital
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1 improvement, repair, and replacement for each year since
2 1980. If planned work has been deferred, an explanation of
3 the deferral shall accompany the report. A copy of the
4 records shall be filed with the Commission and shall be
5 available for public inspection. Copies of the records may be
6 obtained from the public utility or the Commission upon
7 payment of a fee not exceeding the reasonable cost of
8 reproduction.