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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
UTILITIES (220 ILCS 5/) Public Utilities Act. 220 ILCS 5/3-124 (220 ILCS 5/3-124) Sec. 3-124. Adjusted final capitalized plant cost. "Adjusted final capitalized plant cost" means the final capitalized plant cost reduced by the following, without duplication and to the extent not already accounted for or reflected on the books of the facility: (1) any State of Illinois financial assistance, (2) any U.S. financial assistance, and (3) any quantifiable benefit from a U.S. Clean Coal Gasification Program received by the facility during a period equal to the shorter of (A) the life of such program or (B) the term of the agreement, such quantifiable benefit to be discounted at a rate of 14% per annum over such period.
(Source: P.A. 97-239, eff. 8-2-11.) |
220 ILCS 5/3-125 (220 ILCS 5/3-125) Sec. 3-125. Final capitalized plant cost. "Final capitalized plant cost" means the total capitalized asset cost of the plant of the clean coal SNG facility as reflected on the balance sheet of the facility at the time of the commercial production date, with such capitalized cost to be accrued in accordance with generally accepted accounting principles, and includes, without limitation, the following items: major equipment, the SNG pipeline from the plant to the receiving pipeline, water lines, railroad improvements, access road improvements, all coal transportation assets, including the slurry line, slurry prep plant, carbon dioxide capture metering and compression, licensing fees, all costs incurred in the management planning, oversight and execution of the construction and start-up of the plant, and all fees and costs payable under engineering, procurement, and design contracts for the construct of the plant accrued as of the time of the commercial production date, but does not include capitalized financing costs including capitalized interest during construction and all fees associated with financing, coal reserve leasing costs, marketing, training, any and all costs payable under the contract miner agreement, the cost of coal mining equipment and similar costs, and any other costs, including general and administrative costs, not reasonably incurred in connection with the design, construction, testing, start-up, or commissioning of the plant in preparation for commercial production date.
(Source: P.A. 97-239, eff. 8-2-11.) |
220 ILCS 5/3-126 (220 ILCS 5/3-126) Sec. 3-126. Total capitalized asset cost. "Total capitalized asset cost" means the gross book value of the plant, as determined in accordance with generally accepted accounting principles at the commercial production date.
(Source: P.A. 97-239, eff. 8-2-11.) |
220 ILCS 5/3-127 (220 ILCS 5/3-127) Sec. 3-127. Carbon dioxide pipeline. "Carbon dioxide pipeline" has the same meaning given to that term in Section 10 of the Carbon Dioxide Transportation and Sequestration Act.
(Source: P.A. 103-651, eff. 7-18-24.) |
220 ILCS 5/Art. IV
(220 ILCS 5/Art. IV heading)
ARTICLE IV.
GENERAL POWERS AND DUTIES OF COMMISSION -
INTERGOVERNMENTAL COOPERATION - CONSTRUCTION
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220 ILCS 5/4-101
(220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
Sec. 4-101. The Commerce Commission shall have general supervision of all
public utilities, except as otherwise provided in this Act, shall inquire into
the management of the business thereof and shall keep itself informed as to the
manner and method in which the business is conducted. It shall examine those
public utilities and keep informed as to their general condition, their
franchises, capitalization, rates and other charges, and the manner in which
their plants, equipment and other property owned, leased, controlled or
operated are managed, conducted and operated, not only with respect to the
adequacy, security and accommodation afforded by their service but also with
respect to their compliance with this Act and any other law, with the orders
of the Commission and with the charter and franchise requirements.
Whenever the Commission is authorized or required
by law to consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the requirements
of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish,
pursuant to positive identification, such information contained in State
files as is necessary to fulfill the request. The Commission shall require all public utilities to establish a security policy that includes on-site safeguards to restrict physical or electronic access to critical infrastructure and computerized control and data systems. The Commission shall maintain a record of and each regulated entity shall provide to the Commission an annual affidavit signed by a representative of the regulated entity that states:
(1) that the entity has a security policy in place; (2) that the entity has conducted at least one | | practice exercise based on the security policy within the 12 months immediately preceding the date of the affidavit; and
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(Source: P.A. 102-538, eff. 8-20-21.)
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220 ILCS 5/4-201
(220 ILCS 5/4-201) (from Ch. 111 2/3, par. 4-201)
Sec. 4-201.
It is hereby made the duty of the Commission to see that the
provisions of the Constitution and statutes of this State affecting public
utilities, the enforcement of which is not specifically vested in some
other officer or tribunal, are enforced and obeyed, and that violations
thereof are promptly prosecuted and penalties due the State therefor
recovered and collected, and to this end it may sue in the name of the
People of the State.
It shall be the duty of the Commission, at the direction and discretion
of the Chairman, to assemble and maintain an electronic trespass
enforcement assistance staff consisting of experts in computer systems,
electronics and other professional disciplines to aid public utilities,
businesses, individuals and law enforcement agencies in detecting and
preventing electronic trespass violations and enforcing the provisions of
Sections 17-50, 17-51, and 17-52 of the Criminal Code of 2012 or any other relevant statute.
No cause of action shall exist and no liability may be imposed either
civil or criminal, against the State, the Chairman of the Commission or any
of its members, or any employee of the Commission, for any act or omission
by them in the performance of any power or duty authorized by this Section,
unless such act or omission was performed in bad faith and with intent to
injure a particular person.
(Source: P.A. 97-1150, eff. 1-25-13.)
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220 ILCS 5/4-202
(220 ILCS 5/4-202) (from Ch. 111 2/3, par. 4-202)
Sec. 4-202.
Action for injunction.
Whenever the Commission shall be of the opinion that any
public
utility is failing or omitting or about to fail or omit to do anything
required of it by law or by any order, decision, rule, regulation,
direction, or requirement of the Commission, issued or made under authority
of this Act, or is doing anything or about to do anything or permitting
anything or about to permit anything to be done contrary to or in
violation of law or any order, decision, rule, regulation, direction, or
requirement of the Commission, issued or made under authority of this Act,
the Commission shall file an action or proceeding in the circuit court
in and for the county in which the case or some part thereof arose, or in
which the person or corporation complained of, if any, has its principal
place of business, or in which the person complained of, if any, resides,
in the name of the People of the State of Illinois, for the purpose of
having the violation or threatened violation stopped and prevented, either
by mandamus or injunction.
The Commission may express its opinion in a
resolution based upon whatever facts and evidence have come to its
attention and may issue the resolution ex parte and without holding any
administrative hearing before bringing suit. Except in cases involving an
imminent threat to the public health or public safety, no such resolution shall
be adopted until 48 hours after the public utility has been given notice of (i)
the substance of the alleged violation, including a citation to the law or
order,
decision, rule, regulation, or direction of the Commission alleged to have been
violated and (ii) the time and date of the meeting at which such resolution
will first be before the Commission for consideration.
The Commission shall file the action or
proceeding by complaint in the circuit court alleging the violation or
threatened violation complained of and praying for appropriate relief by
way of mandamus or injunction. It shall thereupon be the duty of the court
to specify a time, not exceeding 20 days after the service of the copy of
the complaint, within which the public utility complained of must answer
the complaint, and in the meantime said public utility may be restrained. In
case of default in answer, or after answer, the court shall immediately
inquire into the facts and circumstances of the case. Such corporation or
persons as the court may deem necessary or proper to be joined as parties,
in order to make its judgment or order effective, may be joined as
parties. The final judgment in any action or proceeding shall
either
dismiss the action or proceeding or grant relief by mandamus or
injunction or be made permanent as prayed for in the
complaint, or in
such modified or other form as will afford appropriate relief. An appeal
may be taken from such final judgment as in other civil cases.
(Source: P.A. 93-457, eff. 8-8-03.)
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220 ILCS 5/4-202.1
(220 ILCS 5/4-202.1)
Sec. 4-202.1.
Enforcement of service area agreement between municipality
and electric cooperative.
(a) The Commission shall approve, interpret, and enforce service area
agreements between municipalities and electric cooperatives as provided in
Section 11-117-1.1 of the Illinois Municipal Code.
(b) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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220 ILCS 5/4-203
(220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203)
Sec. 4-203.
Action to recover penalties.
(a) All civil penalties established under this Act shall be assessed and
collected
by the Commission. Except for the penalties provided under Section 2-202, civil
penalties may be assessed only after notice and opportunity to be heard. In
determining the amount of the
penalty, the Commission shall consider
the appropriateness of the penalty to the size of the business of the public
utility, corporation other than a public utility, or person acting as a public
utility charged, the gravity of the violation, such other mitigating
or aggravating factors as the Commission may find to exist, and
the good faith of the public
utility, corporation other than a public utility, or person acting as a public
utility charged in attempting to achieve compliance after notification of a
violation. Nothing in this Section, however, increases or
decreases any minimum or maximum penalty prescribed elsewhere in this Act.
(b) If timely judicial review of a Commission order that imposes a civil
penalty is
taken by the public utility, corporation other than a public utility, or person
acting as a public utility on which the civil penalty has been imposed, the
reviewing court shall enter a judgment on all amounts upon affirmance of the
Commission order. If timely judicial review is not taken and the civil penalty
remains unpaid for 60 days after service of the
order, the Commission in its discretion may either begin revocation proceedings
or bring suit to recover the penalties. Unless stayed by a reviewing court,
interest at the post-judgment rate set forth in Section 2-1303 of the Code of
Civil Procedure
shall accrue from 60 days after the date of service of the Commission
order.
(c) Actions to recover delinquent civil penalties under this Act shall be
brought in the name of the People of the State of Illinois in the circuit court
in and for the county in which the cause, or some part thereof, arose, or in
which the corporation
complained
of, if any, has its principal place of business, or in which the person, if
any, complained of, resides. The action shall be commenced and prosecuted to
final judgment by the Commission. In any such action, all interest incurred up
to the time of final court judgment may be sued for and recovered in that
action. In all such actions, the procedure and rules of evidence shall be the
same as in ordinary civil actions, except
as otherwise herein provided. All fines and penalties recovered by the State
in any such action shall be paid into the State treasury to the credit of the
General Revenue Fund. Any such action may be compromised or discontinued on
application of the Commission
upon such terms as the court shall approve and order.
(d) Civil penalties related to the late filing of reports, taxes, or other
filings shall
be paid into the State treasury to the credit of the Public Utility Fund.
Except as otherwise provided in this Act, all other fines and civil penalties
shall be paid into the State treasury to the credit of the General Revenue
Fund.
(Source: P.A. 93-457, eff. 8-8-03.)
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220 ILCS 5/4-204
(220 ILCS 5/4-204) (from Ch. 111 2/3, par. 4-204)
Sec. 4-204.
If the Secretary
of State has dissolved or revoked the authority of any domestic or foreign company regulated under this Act to do business in Illinois because that company
has not paid a franchise tax, license fee, filing fee, or penalty required under the
Business Corporation Act of 1983 or under any other Illinois statute governing the formation or organization of domestic or foreign corporations, limited liability companies, partnerships, associations, or other organizations,
then the
franchise, license, permit, or right to engage in any business required
under this Act shall be suspended by operation of law until such time within a one-year period after the date of suspension as the delinquent
franchise tax, license fee, filing fee, or penalty is paid and revoked by operation of law for failure to pay the delinquent franchise tax, license fee, filing fee, or penalty within the one-year suspension period.
(Source: P.A. 100-840, eff. 8-13-18.)
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220 ILCS 5/4-205
(220 ILCS 5/4-205) (from Ch. 111 2/3, par. 4-205)
Sec. 4-205.
This amendatory Act of 1985 shall not have the effect to
release or waive any right of action by the State, the Commission, or by
any body politic, municipal corporation, person or corporation for any
right or penalty which may have arisen or accrued or may hereafter arise or
accrue under this Act or any law of this State.
All penalties accruing under this Act shall be cumulative of each other,
and suit for the recovery of one penalty shall not be a bar to or affect
the recovery of any other penalty or be a bar to any criminal prosecution
against any public utility, or any officer, director, agent or employee
thereof, or any other corporation or person.
(Source: P.A. 84-617.)
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220 ILCS 5/4-301
(220 ILCS 5/4-301) (from Ch. 111 2/3, par. 4-301)
Sec. 4-301.
The Commission may confer in person, or by correspondence, by
attending conventions, or in any other way, with Commissions and any and
all agencies dealing with public utilities of other states and of the
United States on any matters relating to public utilities.
The Commission shall have full power and authority to make joint
investigations, hold joint hearings within or without the State, and
issue joint or concurrent orders in conjunction with any official,
board, commission or agency of any state or of the United States. In the
holding of such investigations or hearings, or in the making of such
orders, the Commission shall function under agreements or compacts
between states or under the concurrent power of states to regulate the
interstate commerce, or as an agency of the United States, or otherwise.
The Commission shall make whenever requested by the Governor, the General Assembly, or either branch of the General Assembly a
report within 90 days or any other time period specified within such request, which shall contain copies of all
orders issued by the Commission which it deems of special importance or
general significance, and any information in the possession of the
Commission which it shall deem of value to the people of the State.
The Commission shall conduct a hearing and take testimony relative to
any pending legislation with respect to any person, corporation or
matter within its jurisdiction, if requested to do so by the Governor,
the General Assembly, or either branch of the General Assembly, and shall report its
conclusions to the Governor or the General Assembly, as the case may be.
The Commission may also recommend the enactment of such legislation with
respect to any matter within its jurisdiction as it deems wise or
necessary in the public interest. The Commission shall, at such times as
the Governor, the General Assembly, or either branch of the General Assembly shall direct, examine any particular subject connected with
the condition and management of public utilities, and report to the Governor or the General Assembly, as the case may be, in
writing its opinion thereon with its reasons therefor.
(Source: P.A. 98-15, eff. 5-22-13.)
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220 ILCS 5/4-302
(220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302)
Sec. 4-302.
The Commission shall cooperate with the Regional Transportation
Authority created pursuant to the "Regional Transportation Authority Act",
enacted by the 78th General Assembly, in the exercise of the powers of the
Authority as provided in that Act.
Transportation Agencies which have any purchase of service agreement
with a Service Board as provided in the "Regional Transportation Authority
Act" shall not be subject to this Act as to any public transportation which
is the subject of such agreement. Any service and business exempted from
this Act pursuant to this Section shall not be considered "intrastate
public utility business" as defined in Section 3-120 of this Act.
No contract between any Transportation Agency and the Authority or a
Service Board or acquisition by the Authority or a Service Board of any
property, including property of a
Transportation Agency pursuant to and as defined in the Regional
Transportation Authority Act, shall, except as provided in such Act, be
subject to the supervision, regulation or approval of the Commission.
In the event a Service Board shall determine that any Public
Transportation service provided by any Transportation Agency with which
that Service Board has a Purchase of Service Agreement is not necessary for the
public interest and shall for that reason decline to enter into any
Purchase of Service Agreement for such particular service, all pursuant to
and as defined in such Regional Transportation Authority Act, then the
discontinuation of such service by such Transportation Agency shall not be
subject to the supervision, regulation or approval of the Commission.
(Source: P.A. 84-617; 84-1025.)
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220 ILCS 5/4-303
(220 ILCS 5/4-303) (from Ch. 111 2/3, par. 4-303)
Sec. 4-303.
Neither this Act nor any provision thereof shall apply or be
construed to apply to commerce with foreign nations or commerce among the
several states of this Union, except to the extent permitted under the
provisions of the Constitution of the United States and Acts of Congress,
and the applicable decisions of the courts of competent jurisdiction of
this State or the United States.
(Source: P.A. 84-617; 84-1025.)
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220 ILCS 5/4-304
(220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
Sec. 4-304.
Beginning in 1986, the Commission shall prepare an
annual report which shall be filed by January 31 of each year with the Joint
Committee on Legislative Support Services of the General Assembly and the Governor and which shall be publicly available. Such
report shall include:
(1) A general review of agency activities and | |
(a) a review of significant decisions and other
| | regulatory actions for the preceding year, and pending cases, and an analysis of the impact of such decisions and actions, and potential impact of any significant pending cases;
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(b) for each significant decision, regulatory
| | action and pending case, a description of the positions advocated by major parties, including Commission staff, and for each such decision rendered or action taken, the position adopted by the Commission and reason therefor;
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(c) a description of the Commission's budget,
| | caseload, and staff levels, including specifically:
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(i) a breakdown by type of case of the cases
| | resolved and filed during the year and of pending cases;
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(ii) a description of the allocation of the
| | Commission's budget, identifying amounts budgeted for each significant regulatory function or activity and for each department, bureau, section, division or office of the Commission and its employees;
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(iii) a description of current employee
| | levels, identifying any change occurring during the year in the number of employees, personnel policies and practices or compensation levels; and identifying the number and type of employees assigned to each Commission regulatory function and to each department, bureau, section, division or office of the Commission;
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(d) a description of any significant changes in
| | Commission policies, programs or practices with respect to agency organization and administration, hearings and procedures or substantive regulatory activity.
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(2) A discussion and analysis of the state of each
| | utility industry regulated by the Commission and significant changes, trends and developments therein, including the number and types of firms offering each utility service, existing, new and prospective technologies, variations in the quality, availability and price for utility services in different geographic areas of the State, and any other industry factors or circumstances which may affect the public interest or the regulation of such industries.
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(3) A specific discussion of the energy planning
| | responsibilities and activities of the Commission and energy utilities, including:
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(a) the extent to which conservation,
| | cogeneration, renewable energy technologies and improvements in energy efficiency are being utilized by energy consumers, the extent to which additional potential exists for the economical utilization of such supplies, and a description of existing and proposed programs and policies designed to promote and encourage such utilization;
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(b) a description of each energy plan filed with
| | the Commission pursuant to the provisions of this Act, and a copy, or detailed summary of the most recent energy plans adopted by the Commission;
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(c) a discussion of the powers by which the
| | Commission is implementing the planning responsibilities of Article VIII, including a description of the staff and budget assigned to such function, the procedures by which Commission staff reviews and analyzes energy plans submitted by the utilities, the Department of Natural Resources, and any other person or party; and
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(d) a summary of the adoption of solar
| | photovoltaic systems by residential and small business consumers in Illinois and a description of any and all barriers to residential and small business consumers' financing, installation, and valuation of energy produced by solar photovoltaic systems; electric utilities, alternative retail electric suppliers, and installers of distributed generation shall provide all information requested by the Commission or its staff necessary to complete the analysis required by this paragraph (d).
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| (4) A discussion of the extent to which utility
| | services are available to all Illinois citizens including:
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(a) the percentage and number of persons or
| | households requiring each such service who are not receiving such service, and the reasons therefor, including specifically the number of such persons or households who are unable to afford such service;
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(b) a critical analysis of existing programs
| | designed to promote and preserve the availability and affordability of utility services; and
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(c) an analysis of the financial impact on
| | utilities and other ratepayers of the inability of some customers or potential customers to afford utility service, including the number of service disconnections and reconnections, and cost thereof and the dollar amount of uncollectible accounts recovered through rates.
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(5) A detailed description of the means by which the
| | Commission is implementing its new statutory responsibilities under this Act, and the status of such implementation, including specifically:
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(a) Commission reorganization resulting from the
| | addition of an Executive Director and administrative law judge qualifications and review;
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(b) Commission responsibilities for construction
| | and rate supervision, including construction cost audits, management audits, excess capacity adjustments, phase-ins of new plant and the means and capability for monitoring and reevaluating existing or future construction projects;
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(c) promulgation and application of rules
| | concerning ex parte communications, circulation of recommended orders and transcription of closed meetings.
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(6) A description of all appeals taken from
| | Commission orders, findings or decisions and the status and outcome of such appeals.
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(7) A description of the status of all studies and
| | investigations required by this Act, including those ordered pursuant to Sections 9-244 and 13-301 and all such subsequently ordered studies or investigations.
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(8) A discussion of new or potential developments in
| | federal legislation, and federal agency and judicial decisions relevant to State regulation of utility services.
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(9) All recommendations for appropriate legislative
| | action by the General Assembly.
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The Commission may include such other information as it deems to be
necessary or beneficial in describing or explaining its activities or
regulatory responsibilities. The report required by this Section shall be
adopted by a vote of the full Commission prior to filing.
(Source: P.A. 100-840, eff. 8-13-18; 101-81, eff. 7-12-19.)
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220 ILCS 5/4-305
(220 ILCS 5/4-305)
Sec. 4-305. (Repealed).
(Source: P.A. 88-226. Repealed by P.A. 100-840, eff. 8-13-18.)
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220 ILCS 5/4-401
(220 ILCS 5/4-401) (from Ch. 111 2/3, par. 4-401)
Sec. 4-401.
If any Section, subdivision, sentence or clause of this Act
is for any reason held invalid or to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Act. A
substantial compliance with the requirements of this Act shall be
sufficient to give effect to all the Acts, orders, decisions, rules and
regulations of the Commission and they shall not be declared inoperative,
illegal or void for any omission of a technical nature in respect thereto.
(Source: P.A. 84-617.)
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220 ILCS 5/4-402
(220 ILCS 5/4-402) (from Ch. 111 2/3, par. 4-402)
Sec. 4-402.
This amendatory Act of 1985 shall not affect pending actions
or proceedings, civil or criminal, in any court or other tribunal brought
by or against the People of the State of Illinois or the Illinois Commerce
Commission or by any other person, firm or corporation under the provisions
of this Act or any other Act establishing or conferring power on the
Commission, nor abate any causes of action arising thereunder, but the same
may be instituted, prosecuted and defended with the same effect as though
this amendatory Act had not been passed. Any investigation, hearing or
proceeding, instituted or conducted by the Commission prior to the taking
effect of this amendatory Act shall be conducted and continued to a final
determination by the Commission with the same effect as if this amendatory
Act had not been passed.
All findings, orders, decisions, rules and regulations issued or
promulgated by the Commission under this Act or
any other Act establishing or conferring power on the Commission, shall
continue in force; and the Commission hereby created shall have all powers
with respect to said findings, orders, decisions, rules and regulations as
though said findings, orders, decisions, rules and regulations had been
made, issued or promulgated by the Commission under this amendatory Act.
Notwithstanding the provisions of this Section, where applicable, the
Commission shall amend its findings, orders, decisions, rules and
regulations to conform to the provisions of this Act as soon as practicable
after the effective date.
(Source: P.A. 84-617.)
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220 ILCS 5/4-404
(220 ILCS 5/4-404)
Sec. 4-404. Protection of confidential and proprietary
information. The Commission shall provide adequate protection
for confidential and proprietary information furnished,
delivered or filed by any person, corporation or other entity, including proprietary information provided to the Commission by the Illinois Power Agency.
(Source: P.A. 95-481, eff. 8-28-07.)
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