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Public Act 91-0341
HB2646 Enrolled LRB9101115JSpc
AN ACT to amend the Public Utilities Act by changing
Sections 9-103, 10-108, and 10-112 and adding Section 3-122.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by
changing Sections 9-103, 10-108, and 10-112 and adding
Section 3-122 as follows:
(220 ILCS 5/3-122 new)
Sec. 3-122. Electronic. "Electronic" includes
electrical, digital, magnetic, optical, electromagnetic, or
any other form of technology that entails capabilities
similar to these technologies.
(220 ILCS 5/9-103) (from Ch. 111 2/3, par. 9-103)
Sec. 9-103. Posting of rate schedules. Subject to such
rules and regulations as the Commission may prescribe, the
schedules referred to in Section 9-102 shall be plainly
printed, mimeographed or typewritten in large type, and a
copy thereof shall be posted or kept on file in every office
of a public utility where the public transacts business with
such public utility. Any or all of such schedules kept as
aforesaid shall be immediately produced by such public
utility for inspection upon the demand of any person. A
notice printed in bold type, in size prescribed by the
Commission, stating that such schedules are on file with the
agent and open to inspection by any person, and that the
agent will assist any person to determine from such schedules
any rates or other charges, classification, rules or
regulations in force, shall be kept posted by the public
utility in two public and conspicuous places in every such
office. The form of every such schedule shall be prescribed
by the Commission: Provided, that in lieu of filing the
entire schedule in each office, any public utility may,
subject to the regulations of the Commission, file or keep
posted at such office, schedules of such rates or other
charges, classifications, rules and regulations relating
thereto, as are applicable at, to and from the place where
such office is located.
The Commission may determine and prescribe the form in
which the schedules required by this Act to be filed with the
Commission and to be kept open to public inspection shall be
prepared and arranged, and may change the form from time to
time if it shall be found expedient.
(Source: P.A. 84-617; 84-1025.)
(220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108)
Sec. 10-108. Complaints; notice; parties. Complaint may
be made by the Commission, of its own motion or by any person
or corporation, chamber of commerce, board of trade, or any
industrial, commercial, mercantile, agricultural or
manufacturing society, or any body politic or municipal
corporation by petition or complaint in writing, setting
forth any act or things done or omitted to be done in
violation, or claimed to be in violation, of any provision of
this Act, or of any order or rule of the Commission. In the
discretion of the Commission, matters presented by one
complaint may be ordered separated, and matters upon which
complaint may be founded may be joined. No objection shall be
sustained to a separation merely because the matters
separated are under the ownership, control or management of
the same persons or corporation. No complaint shall be
dismissed because of the absence of direct damage to the
complainant.
Upon the filing of a complaint the Commission shall cause
a copy thereof to be served upon the person or corporation
complained of which shall be accompanied by a notice
requiring that the complaint be satisfied and answered within
a reasonable time to be specified by the Commission or within
the discretion of the Commission, by a notice fixing a time
when and place where a hearing will be had upon such
complaint. Notice of the time and place shall also be given
to the complainant and to such other persons as the
Commission shall deem necessary. The Commission shall have
authority to hear and investigate any complaint
notwithstanding the fact that the person or corporation
complained of may have satisfied the complaint.
The time fixed for such hearing shall not be less than
ten days after the date of the service of such notice and
complaint except as herein provided. Service in all hearings,
investigations, and proceedings before the Commission may be
made upon any person upon whom a summons may be served in
accordance with the provisions of the Civil Practice Law and
all existing and future amendments thereto and modifications
thereof and the Supreme Court Rules now or hereafter adopted
in relation to that Law, and may be made personally, by
electronic means, or by mailing same in the United States
mail in a sealed envelope with postage prepaid. The
provisions of this section as to notice shall apply to all
hearings held by the Commission or under its authority.
Any public utility shall have a right to complain on any
of the grounds upon which complaints are allowed to be filed
by other parties, and the same procedure shall be adopted and
followed as in other cases.
All cities shall have power to appear as complainants or
to make application before the Illinois Commerce Commission
for an inquiry, investigation or hearing relating to the
rates or other charges or services of public utilities within
such city; and in case of any inquiry, investigation or
hearing by or before the Illinois Commerce Commission on any
matter relating to the rates or other charges or services
within any city, the city shall receive written notice not
less than ten days before such inquiry, investigation or
hearing, and shall be entitled to appear and present evidence
relating to the subject matter of such inquiry, investigation
or hearing. Such notice shall be served upon the city clerk,
and upon the city attorney or head of the law department of
the city.
Whenever there shall be filed a complaint under Article
IX of this Act regarding the rates, charges, classifications
or services of a public utility, the Commission shall make
and render findings concerning the subject matter and facts
complained of and enter its order based thereon not later
than one year after the filing of such complaint unless all
parties to the complaint proceeding under Article IX agree to
a period of greater than one year, provided that any
agreement to extend the one year period must be in writing
and must be for a specified period of time not exceeding 60
days. The parties may enter into more than one agreement to
extend time.
In the event that the Commission fails to enter its order
within one year after the filing of the complaint or upon the
expiration of the last agreement to extend time, any party
may file a complaint in the circuit court for an emergency
order of mandamus to direct and compel the Commission to
enter its order within 60 days of the expiration of the one
year period or within 60 days of the expiration of the last
agreement to extend time, and the court shall set a schedule
to enable the Commission to complete the case and enter an
order within the time frame specified herein. Summons upon
the complaint shall be returnable within 5 days. The
complaint for an order of mandamus shall be brought in the
circuit in which the subject matter of the complaint is
situated or, if the subject matter of the hearing is situated
in more than one circuit, then in any one of those circuits.
(Source: P.A. 87-164.)
(220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)
Sec. 10-112. Service of Commission orders. Every order
of the Commission shall be served upon every person or
corporation to be affected thereby, either by personal
delivery of a certified copy thereof, or by mailing in the
United States mail a certified copy thereof, in a sealed
package with postage prepaid, or by electronic means to the
person to be affected thereby or in the case of a
corporation, to any officer or agent thereof upon whom a
summons of a circuit court may be served in a civil action.
Where such persons or corporations, or both, exceed 3 in
number, service as herein provided may be upon the attorneys
or representatives of record, if there be any; and in any
event, mailing in the United States mail as herein provided,
shall constitute service, without additional proof of a
receipt of such certified copy or copies of such order. It
shall be the duty of every person and corporation to notify
the Commission forthwith, in writing, of the receipt of the
certified copy of every order so served, and in case of a
corporation such notification must be signed and acknowledged
by a person or officer duly authorized by the corporation to
admit such service. Within a time specified in the order of
the Commission every person and corporation upon whom it is
served must, if so required in the order, notify the
Commission in like manner whether the terms of the order are
accepted and will be obeyed.
(Source: P.A. 84-617.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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