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91_SB1653sam002
LRB9113005JSpram
1 AMENDMENT TO SENATE BILL 1653
2 AMENDMENT NO. . Amend Senate Bill 1653, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Public Utilities Act by changing
5 Sections 4-202, 4-203, 5-202, and 16-125."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Public Utilities Act is amended by
9 changing Sections 4-202, 4-203, 5-202, and 16-125 as follows:
10 (220 ILCS 5/4-202) (from Ch. 111 2/3, par. 4-202)
11 Sec. 4-202. Action for injunction.
12 (a) Except as provided in subsection (b) with respect to
13 telecommunications carriers as defined in Section 13-202,
14 whenever the Commission shall be of the opinion that any
15 public utility is failing or omitting or about to fail or
16 omit to do anything required of it by law, or by any order,
17 decision, rule, regulation, direction or requirement of the
18 Commission, issued or made under authority of this Act, or is
19 doing anything or about to do anything or permitting anything
20 or about to permit anything to be done, contrary to or in
21 violation of law or any order, decision, rule, regulation,
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1 direction or requirement of the Commission, issued or made
2 under authority of this Act, the Commission shall file an
3 action or proceeding in the circuit court in and for the
4 county in which the case or some part thereof arose, or in
5 which the person or corporation complained of, if any, has
6 its principal place of business, or in which the person
7 complained of, if any, resides, in the name of the People of
8 the State of Illinois, for the purpose of having the
9 violation or threatened violation stopped and prevented,
10 either by mandamus or injunction. The Commission may express
11 its opinion in a resolution based upon whatever facts and
12 evidence that has come to its attention and may issue the
13 resolution ex parte and without holding any administrative
14 hearing before bringing suit. Except in cases involving an
15 imminent threat to the public health or public safety, no
16 such resolution shall be adopted until 48 hours after the
17 public utility has been given notice of (i) the substance of
18 the alleged violation, including a citation to the law,
19 order, decision, rule regulation, or direction of the
20 Commission alleged to have been violated and (ii) the time
21 and date of the meeting at which such resolution will first
22 be before the Commission for consideration. The Commission
23 shall file the action or proceeding by complaint in the
24 circuit court alleging the violation or threatened violation
25 complained of and praying for appropriate relief by way of
26 mandamus or injunction. It shall thereupon be the duty of
27 the court to specify a time, not exceeding 20 days after the
28 service of the copy of the complaint, within which the public
29 utility complained of must answer the complaint, and in the
30 meantime said public utility may be restrained. In case of
31 default in answer, or after answer, the court shall
32 immediately inquire into the facts and circumstances of the
33 case. Such corporation or persons as the court may deem
34 necessary or proper to be joined as parties, in order to make
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1 its judgment order effective, may be joined as parties. The
2 final judgment in any action or proceeding shall either
3 dismiss the action or proceeding or grant relief by mandamus
4 or injunction or be made permanent as prayed for in the
5 complaint, or in such modified or other form as will afford
6 appropriate relief. An appeal may be taken from such final
7 judgment as in other civil cases.
8 (b) This subsection shall apply to telecommunications
9 carriers as defined in Section 13-202. Whenever the
10 Commission shall be of the opinion that any public utility is
11 failing or omitting or about to fail or omit, to do anything
12 required of it by law, or by any order, decision, rule,
13 regulation, direction or requirement of the Commission,
14 issued or made under authority of this Act, or is doing
15 anything or about to do anything or permitting anything or
16 about to permit anything to be done, contrary to or in
17 violation of law or any order, decision, rule, regulation,
18 direction or requirement of the Commission, issued or made
19 under authority of this Act, the Commission shall file an
20 action or proceeding in the circuit court in and for the
21 county in which the case or some part thereof arose, or in
22 which the person or corporation complained of, if any, has
23 its principal place of business, or in which the person
24 complained of, if any, resides, in the name of the People of
25 the State of Illinois, for the purpose of having the
26 violation or threatened violation stopped and prevented,
27 either by mandamus or injunction. The Commission shall file
28 the action or proceeding by complaint in the circuit court,
29 alleging the violation or threatened violation complained of,
30 and praying for appropriate relief by way of mandamus or
31 injunction. It shall thereupon be the duty of the court to
32 specify a time, not exceeding 20 days after the service of
33 the copy of the complaint, within which the public utility
34 complained of must answer the complaint, and in the meantime
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1 said public utility may be restrained. In case of default in
2 answer, or after answer, the court shall immediately inquire
3 into the facts and circumstances of the case. Such
4 corporation or persons as the court may deem necessary or
5 proper to be joined as parties, in order to make its
6 judgment, order effective, may be joined as parties. The
7 final judgment in any action or proceeding shall either
8 dismiss the action or proceeding or grant relief by mandamus
9 or injunction or be made permanent as prayed for in the
10 complaint, or in such modified or other form as will afford
11 appropriate relief. An appeal may be taken from such final
12 judgment as in other civil cases.
13 (Source: P.A. 84-617.)
14 (220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203)
15 Sec. 4-203. Action to recover penalties.
16 (a) Except as provided in subsection (b) with respect to
17 telecommunications carriers as defined in Section 13-202:
18 (1) All civil penalties established under this Act
19 shall be assessed and collected by the Commission. Except
20 for the penalties provided under Section 2-202, civil
21 penalties may be assessed only after notice and
22 opportunity to be heard. Any such civil penalty may be
23 compromised by the Commission. In determining the amount
24 of the penalty, or the amount agreed to in compromise,
25 the Commission shall consider the appropriateness of the
26 penalty to the size of the business of the public
27 utility, corporation other than a public utility, or
28 person acting as a public utility charged, the gravity of
29 the violation, and the good faith of the public utility,
30 corporation other than a public utility, or person acting
31 as a public utility charged in attempting to achieve
32 compliance after notification of a violation. Nothing in
33 this Section, however, increases or decreases any minimum
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1 or maximum penalty prescribed elsewhere in this Act.
2 (2) If timely judicial review of a Commission order
3 that imposes a civil penalty is taken by the public
4 utility, corporation other than a public utility, or
5 person acting as a public utility on which the civil
6 penalty has been imposed, the reviewing court shall enter
7 a judgment on all amounts upon affirmance of the
8 Commission order. If timely judicial review is not taken
9 and the civil penalty remains unpaid for 60 days after
10 service of the order, the Commission in its discretion
11 may either begin revocation proceedings or bring suit to
12 recover the penalties. Unless stayed by a reviewing
13 court, interest shall accrue from 60 days after the date
14 of service of the Commission order.
15 (3) Actions to recover delinquent civil penalties
16 under this Act shall be brought in the name of the People
17 of the State of Illinois in the circuit court in and for
18 the county in which the cause, or some part thereof,
19 arose, or in which the corporation complained of, if any,
20 has its principal place of business, or in which the
21 person, if any, complained of, resides. The action shall
22 be commenced and prosecuted to final judgment by the
23 Commission. In any such action, all interest incurred up
24 to the time of final court judgment may be sued for and
25 recovered in that action. In all such actions, the
26 procedure and rules of evidence shall be the same as in
27 ordinary civil actions, except as otherwise herein
28 provided. All fines and penalties recovered by the State
29 in any such action shall be paid into the State treasury
30 to the credit of the General Revenue Fund. Any such
31 action may be compromised or discontinued on application
32 of the Commission upon such terms as the court shall
33 approve and order.
34 (4) Civil penalties related to the late filing of
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1 reports, taxes, or other filings shall be paid into the
2 State Treasury to the credit of the Public Utility Fund.
3 Except as otherwise provided in this Act, all other fines
4 and civil penalties shall be paid into the State Treasury
5 to the credit of the General Revenue Fund.
6 (b) This subsection shall apply to telecommunications
7 carriers as defined in Section 13-202. Except as otherwise
8 provided in this Act, actions to recover penalties under this
9 Act shall be brought in the name of the People of the State
10 of Illinois in the circuit court in and for the county in
11 which the cause, or some part thereof, arose, or in which the
12 corporation complained of, if any, has its principal place of
13 business, or in which the person, if any, complained of,
14 resides. The action shall be commenced and prosecuted to
15 final judgment by the Commission. In any such action, all
16 penalties incurred up to the time of commencing the same may
17 be sued for and recovered. In all such actions, the procedure
18 and rules of evidence shall be the same as in ordinary civil
19 actions, except as otherwise herein provided. All fines and
20 penalties recovered by the State in any such action shall be
21 paid into the State treasury to the credit of the general
22 fund. Any such action may be compromised or discontinued on
23 application of the Commission upon such terms as the court
24 shall approve and order.
25 (Source: P.A. 84-617.)
26 (220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202)
27 Sec. 5-202. Violations; penalty.
28 (a) Except as provided in subsection (b) with respect to
29 telecommunications carriers as defined in Section 13-202, any
30 public utility, any corporation other than a public utility,
31 or any person acting as a public utility that violates or
32 fails to comply with any provisions of this Act, or that
33 fails to obey, observe, or comply with any order, decision,
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1 rule, regulation, direction, or requirement, or any part or
2 provision thereof, of the Commission, made or issued under
3 authority of this Act, in a case in which a penalty is not
4 otherwise provided for in this Act, shall be subject to a
5 civil penalty imposed in the manner provided in Section
6 4-203. A small public utility, as defined in subsection (b)
7 of Section 4-502 of this Act, is subject to a civil penalty
8 of not less than $500 nor more than $2,000 for each and every
9 offense. All other public utilities, corporations other than
10 a public utility, and persons acting as a public utility are
11 subject to a civil penalty of up to $30,000 for each and
12 every offense.
13 Every violation of the provisions of this Act or of any
14 order, decision, rule, regulation, direction, or requirement
15 of the Commission, or any part or portion thereof by any
16 corporation or person, is a separate and distinct offense,
17 and in case of a continuing violation each day's continuance
18 thereof shall be a separate and distinct offense, provided,
19 however, the cumulative penalty for any continuing violation
20 shall not exceed $500,000.
21 In construing and enforcing the provisions of this Act
22 relating to penalties, the act, omission, or failure of any
23 officer, agent, or employee of any public utility,
24 corporation other than a public utility, or person acting as
25 a public utility that is acting within the scope of his
26 official duties or employment shall in every case be deemed
27 to be the act, omission, or failure of such public utility,
28 corporation other than a public utility, or person acting as
29 a public utility.
30 If the party who has violated or failed to comply with
31 this Act or an order, decision, rule, regulation, direction,
32 or requirement of the Commission or any part or provision
33 thereof fails to seek review pursuant to Sections 10-113 and
34 10-201 of this Act within 30 days after service of the order,
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1 the party shall, upon expiration of the 30 days, be subject
2 to the civil penalty provision of this Section.
3 (b) This subsection shall apply to telecommunications
4 carriers as defined in Section 13-202. Any public utility or
5 any corporation other than a public utility, which violates
6 or fails to comply with any provisions of this Act, or which
7 fails to obey, observe or comply with any order, decision,
8 rule, regulation, direction, or requirement or any part or
9 provision thereof, of the Commission, made or issued under
10 authority of this Act, in a case in which a penalty is not
11 otherwise provided for in this Act, shall be subject to a
12 civil penalty imposed in the manner provided in Section 4-203
13 of not less than $500 nor more than $2,000 for each and every
14 offense.
15 Every violation of the provisions of this Act or of any
16 order, decision, rule, regulation, direction, or requirement
17 of the Commission, or any part or portion thereof by any
18 corporation or person, is a separate and distinct offense,
19 and in case of a continuing violation each day's continuance
20 thereof shall be a separate and distinct offense.
21 In construing and enforcing the provisions of this Act
22 relating to penalties, the act, omission, or failure of any
23 officer, agent, or employee of any public utility acting
24 within the scope of his official duties or employment, shall
25 in every case be deemed to be the act, omission, or failure
26 of such public utility.
27 If the party who has violated or failed to comply with
28 this Act or an order, decision, rule, regulation, direction,
29 or requirement of the Commission or any part or provision
30 thereof, fails to seek review pursuant to Sections 10-113 and
31 10-201 of this Act within 30 days after of service of the
32 order, the party shall, upon expiration of the 30 days, be
33 subject to the civil penalty provision of this Section.
34 No penalties shall accrue under this provision until 15
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1 days after the mailing of a notice to such party or parties
2 that they are in violation of or have failed to comply with
3 the Act or order, decision, rule, regulation, direction, or
4 requirement of the Commission or any part or provision
5 thereof.
6 (Source: P.A. 87-164.)
7 (220 ILCS 5/16-125)
8 Sec. 16-125. Transmission and distribution reliability
9 requirements.
10 (a) To assure the reliable delivery of electricity to
11 all customers in this State and the effective implementation
12 of the provisions of this Article, the Commission shall,
13 within 180 days of the effective date of this Article, adopt
14 rules and regulations for assessing and assuring the
15 reliability of the transmission and distribution systems and
16 facilities that are under the Commission's jurisdiction.
17 (b) These rules and regulations shall require each
18 electric utility or alternative retail electric supplier
19 owning, controlling, or operating transmission and
20 distribution facilities and equipment subject to the
21 Commission's jurisdiction, referred to in this Section as
22 "jurisdictional entities", to adopt and implement procedures
23 for restoring transmission and distribution services to
24 customers after transmission or distribution outages on a
25 nondiscriminatory basis without regard to whether a customer
26 has chosen the electric utility, an affiliate of the electric
27 utility, or another entity as its provider of electric power
28 and energy. These rules and regulations shall also, at a
29 minimum, specifically require each jurisdictional entity to
30 submit annually to the Commission.
31 (1) the number and duration of planned and
32 unplanned outages during the prior year and their impacts
33 on customers;
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1 (2) outages that were controllable and outages that
2 were exacerbated in scope or duration by the condition of
3 facilities, equipment or premises or by the actions or
4 inactions of operating personnel or agents;
5 (3) customer service interruptions that were due
6 solely to the actions or inactions of an alternative
7 retail electric supplier or a public utility in supplying
8 power or energy;
9 (4) a detailed report of the age, current
10 condition, reliability and performance of the
11 jurisdictional entity's existing transmission and
12 distribution facilities, which shall include, without
13 limitation, the following data:
14 (i) a summary of the jurisdictional entity's
15 outages and voltage variances reportable under the
16 Commission's rules;
17 (ii) the jurisdictional entity's expenditures
18 for transmission construction and maintenance, the
19 ratio of those expenditures to the jurisdictional
20 entity's transmission investment, and the average
21 remaining depreciation lives of the entity's
22 transmission facilities, expressed as a percentage
23 of total depreciation lives;
24 (iii) the jurisdictional entity's expenditures
25 for distribution construction and maintenance, the
26 ratio of those expenditures to the jurisdictional
27 entity's distribution investment, and the average
28 remaining depreciation lives of the entity's
29 distribution facilities, expressed as a percentage
30 of total depreciation lives;
31 (iv) a customer satisfaction survey covering,
32 among other areas identified in Commission rules,
33 reliability, customer service, and understandability
34 of the jurisdictional entity's services and prices;
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1 and
2 (v) the corresponding information, in the same
3 format, for the previous 3 years, if available;
4 (5) a plan for future investment and reliability
5 improvements for the jurisdictional entity's transmission
6 and distribution facilities that will ensure continued
7 reliable delivery of energy to customers and provide the
8 delivery reliability needed for fair and open
9 competition; and
10 (6) a report of the jurisdictional entity's
11 implementation of its plan filed pursuant to subparagraph
12 (5) for the previous reporting period.
13 (c) The Commission rules shall set forth the criteria
14 that will be used to assess each jurisdictional entity's
15 annual report and evaluate its reliability performance. Such
16 criteria must take into account, at a minimum: the items
17 required to be reported in subsection (b); the relevant
18 characteristics of the area served; the age and condition of
19 the system's equipment and facilities; good engineering
20 practices; the costs of potential actions; and the benefits
21 of avoiding the risks of service disruption.
22 (d) At least every 3 years, beginning in the year the
23 Commission issues the rules required by subsection (a) or the
24 following year if the rules are issued after June 1, the
25 Commission shall assess the annual report of each
26 jurisdictional entity and evaluate its reliability
27 performance. The Commission's evaluation shall include
28 specific identification of, and recommendations concerning,
29 any potential reliability problems that it has identified as
30 a result of its evaluation.
31 (e) In the event that more than 30,000 customers of an
32 electric utility are subjected to a continuous power
33 interruption of 4 hours or more that results in the
34 transmission of power at less than 50% of the standard
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1 voltage, or that results in the total loss of power
2 transmission, the utility shall be responsible for
3 compensating customers affected by that interruption for 4
4 hours or more for all actual damages, which shall not
5 include consequential damages, suffered as a result of the
6 power interruption. The utility shall also reimburse the
7 affected municipality, county, or other unit of local
8 government in which the power interruption has taken place
9 for all emergency and contingency expenses incurred by the
10 unit of local government as a result of the interruption. A
11 waiver of the requirements of this subsection may be granted
12 by the Commission in instances in which the utility can show
13 that the power interruption was a result of any one or more
14 of the following causes:
15 (1) Unpreventable damage due to weather events or
16 conditions.
17 (2) Customer tampering.
18 (3) Unpreventable damage due to civil or
19 international unrest or animals.
20 (4) Damage to utility equipment or other actions by
21 a party other than the utility, its employees, agents,
22 or contractors.
23 Loss of revenue and expenses incurred in complying with this
24 subsection may not be recovered from ratepayers.
25 (f) In the event of a power surge or other fluctuation
26 that causes damage and affects more than 30,000 customers,
27 the electric utility shall pay to affected customers the
28 replacement value of all goods damaged as a result of the
29 power surge or other fluctuation unless the utility can show
30 that the power surge or other fluctuation was due to one or
31 more of the following causes:
32 (1) Unpreventable damage due to weather events or
33 conditions.
34 (2) Customer tampering.
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1 (3) Unpreventable damage due to civil or
2 international unrest or animals.
3 (4) Damage to utility equipment or other actions by
4 a party other than the utility, its employees, agents,
5 or contractors.
6 Loss of revenue and expenses incurred in complying with this
7 subsection may not be recovered from ratepayers. Customers
8 with respect to whom a waiver has been granted by the
9 Commission pursuant to subparagraphs (1)-(4) of subsections
10 (e) and (f) shall not count toward the 30,000 customers
11 required therein.
12 (g) Whenever an electric utility must perform planned
13 or routine maintenance or repairs on its equipment that will
14 result in transmission of power at less than 50% of the
15 standard voltage, loss of power, or power fluctuation (as
16 defined in subsection (f)), the utility shall make
17 reasonable efforts to notify potentially affected customers
18 no less than 24 hours in advance of performance of the
19 repairs or maintenance.
20 (h) Remedies provided for under this Section may be
21 sought exclusively through the Illinois Commerce Commission
22 as provided under Section 10-109 of this Act. Damages
23 awarded under this Section for a power interruption shall be
24 limited to actual damages, which shall not include
25 consequential damages, and litigation costs. Damage awards
26 and other amounts assessed against an electric utility under
27 this Section may not be paid out of utility rate funds,
28 except that if the electric utility prevails in whole or in
29 part in showing that the power interruption or power surge or
30 other fluctuation was due to one or more of the causes set
31 forth in subsections (e)(1) through (e)(4) or (f)(1) through
32 (f)(4), the electric utility may request and the Commission
33 may determine that some or all of the consultant expenses
34 assessed against it under this subsection are recoverable to
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1 the extent permitted by this Act. If the Commission receives
2 a formal request for a waiver under subsection (e) or (f),
3 either in a filing by the electric utility which initiates a
4 formal proceeding or in a filing made by the utility in a
5 formal complaint brought by one or more customers under
6 subsection (e) or (f), the Commission is authorized to retain
7 consultants with technical expertise who are independent of
8 the utility and of interested parties to assist the
9 Commission or its staff in resolving such request. The
10 Commission shall assess the electric utility for the
11 reasonable fees and expenses of such consultants. Any
12 technical consultants used by the Commission as part of a
13 hearing on a waiver request shall be subject to
14 cross-examination and the rules of the Commission governing
15 ex parte communication. The affected public utility must be
16 provided with a copy of any written report submitted or
17 produced by a technical consultant retained by the
18 Commission, and the affected public utility must be given an
19 opportunity to comment on and respond to any analyses,
20 conclusions or reports issued by any technical consultant.
21 (i) The provisions of this Section shall not in any way
22 diminish or replace other civil or administrative remedies
23 available to a customer or a class of customers.
24 (j) The Commission shall by rule require an electric
25 utility to maintain service records detailing information on
26 each instance of transmission of power at less than 50% of
27 the standard voltage, loss of power, or power fluctuation
28 (as defined in subsection (f)), that affects 10 or more
29 customers. Occurrences that are momentary shall not be
30 required to be recorded or reported. The service record
31 shall include, for each occurrence, the following
32 information:
33 (1) The date.
34 (2) The time of occurrence.
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1 (3) The duration of the incident.
2 (4) The number of customers affected.
3 (5) A description of the cause.
4 (6) The geographic area affected.
5 (7) The specific equipment involved in the
6 fluctuation or interruption.
7 (8) A description of measures taken to restore
8 service.
9 (9) A description of measures taken to remedy the
10 cause of the power interruption or fluctuation.
11 (10) A description of measures taken to prevent
12 future occurrence.
13 (11) The amount of remuneration, if any, paid to
14 affected customers.
15 (12) A statement of whether the fixed charge was
16 waived for affected customers.
17 Copies of the records containing this information shall
18 be available for public inspection at the utility's offices,
19 and copies thereof may be obtained upon payment of a fee not
20 exceeding the reasonable cost of reproduction. A copy of
21 each record shall be filed with the Commission and shall be
22 available for public inspection. Copies of the records may
23 be obtained upon payment of a fee not exceeding the
24 reasonable cost of reproduction.
25 (k) The requirements of subsections (e) through (j) of
26 this Section shall apply only to an electric public utility
27 having 1,000,000 or more customers.
28 (Source: P.A. 90-561, eff. 12-16-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".