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| [ Senate Amendment 002 ] |
91_SB1653sam001
LRB9113005JSgcam01
1 AMENDMENT TO SENATE BILL 1653
2 AMENDMENT NO. . Amend Senate Bill 1653 on page 1,
3 line 30, by inserting the following after the period:
4 "Except in cases involving a threat to the public health or
5 public safety, no such resolution shall be adopted until 48
6 hours after the public utility has been given notice of the
7 substance of the alleged violation, including a citation to
8 the law, order, decision, rule, regulation, or direction of
9 the Commission alleged to have been violated."; and
10 on page 2 by replacing lines 23 through 32 with the
11 following:
12 "be assessed and collected by the Commission. Except for the
13 penalties provided under Section 2-202, civil penalties may
14 be imposed only after notice and opportunity to be heard.
15 Any such civil penalty may be compromised by the Commission.
16 In determining the amount of the penalty, or the amount
17 agreed upon in compromise, the Commission shall consider the
18 appropriateness of such penalty to the size of the business
19 of the person charged, the gravity of the violation, and the
20 good faith of the public utility, corporation other than a
21 public utility, or person acting as a public utility charged
22 in attempting to achieve compliance after notification of a
23 violation."; and
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1 on page 3, by replacing lines 1 and 2 with the following:
2 "imposes a civil penalty is taken by the public utility,
3 corporation other than a public utility, or person acting as
4 a public utility on which the civil penalty has been imposed,
5 the reviewing court shall enter a"; and
6 on page 3, line 30, by changing "matters" to "filings"; and
7 on page 4, line 4, by adding "acting as a public utility"
8 after the word "person"; and
9 on page 4 by replacing lines 18 and 19 with the following:
10 "and persons acting as a public utility are subject to a
11 civil penalty of up to $30,000 for each and every offense.";
12 and
13 on page 4, line 25, by inserting before the period ",
14 provided, however, the cumulative penalty for any continuing
15 violation shall not exceed $1,000,000"; and
16 on page 4, line 29, by changing "person" to "person acting as
17 a public utility that is"; and
18 on page 4, line 30, by changing "employment," to
19 "employment,"; and
20 on page 4, line 33, by changing "person" to "person acting as
21 a public utility"; and
22 on page 10 by replacing lines 2 through 34 with the
23 following:
24 "the Commission receives a formal request for a waiver under
25 subsection (e) or (f), either in a filing by the electric
26 utility which initiates a formal proceeding or in a filing
27 made by the utility in a formal complaint brought by one or
28 more customers under subsection (e) or (f), the Commission is
29 authorized to retain consultants with technical expertise who
30 are independent of the utility and of interested parties to
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1 assist the Commission or its staff in resolving such request.
2 The Commission shall assess the electric utility for the
3 reasonable fees and expenses of such consultants."; and
4 on page 11 by deleting lines 1 through 14.