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91_HB2646enr
HB2646 Enrolled LRB9101115JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Sections 9-103, 10-108, and 10-112 and adding Section 3-122.
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
6 changing Sections 9-103, 10-108, and 10-112 and adding
7 Section 3-122 as follows:
8 (220 ILCS 5/3-122 new)
9 Sec. 3-122. Electronic. "Electronic" includes
10 electrical, digital, magnetic, optical, electromagnetic, or
11 any other form of technology that entails capabilities
12 similar to these technologies.
13 (220 ILCS 5/9-103) (from Ch. 111 2/3, par. 9-103)
14 Sec. 9-103. Posting of rate schedules. Subject to such
15 rules and regulations as the Commission may prescribe, the
16 schedules referred to in Section 9-102 shall be plainly
17 printed, mimeographed or typewritten in large type, and a
18 copy thereof shall be posted or kept on file in every office
19 of a public utility where the public transacts business with
20 such public utility. Any or all of such schedules kept as
21 aforesaid shall be immediately produced by such public
22 utility for inspection upon the demand of any person. A
23 notice printed in bold type, in size prescribed by the
24 Commission, stating that such schedules are on file with the
25 agent and open to inspection by any person, and that the
26 agent will assist any person to determine from such schedules
27 any rates or other charges, classification, rules or
28 regulations in force, shall be kept posted by the public
29 utility in two public and conspicuous places in every such
30 office. The form of every such schedule shall be prescribed
HB2646 Enrolled -2- LRB9101115JSpc
1 by the Commission: Provided, that in lieu of filing the
2 entire schedule in each office, any public utility may,
3 subject to the regulations of the Commission, file or keep
4 posted at such office, schedules of such rates or other
5 charges, classifications, rules and regulations relating
6 thereto, as are applicable at, to and from the place where
7 such office is located.
8 The Commission may determine and prescribe the form in
9 which the schedules required by this Act to be filed with the
10 Commission and to be kept open to public inspection shall be
11 prepared and arranged, and may change the form from time to
12 time if it shall be found expedient.
13 (Source: P.A. 84-617; 84-1025.)
14 (220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108)
15 Sec. 10-108. Complaints; notice; parties. Complaint may
16 be made by the Commission, of its own motion or by any person
17 or corporation, chamber of commerce, board of trade, or any
18 industrial, commercial, mercantile, agricultural or
19 manufacturing society, or any body politic or municipal
20 corporation by petition or complaint in writing, setting
21 forth any act or things done or omitted to be done in
22 violation, or claimed to be in violation, of any provision of
23 this Act, or of any order or rule of the Commission. In the
24 discretion of the Commission, matters presented by one
25 complaint may be ordered separated, and matters upon which
26 complaint may be founded may be joined. No objection shall be
27 sustained to a separation merely because the matters
28 separated are under the ownership, control or management of
29 the same persons or corporation. No complaint shall be
30 dismissed because of the absence of direct damage to the
31 complainant.
32 Upon the filing of a complaint the Commission shall cause
33 a copy thereof to be served upon the person or corporation
HB2646 Enrolled -3- LRB9101115JSpc
1 complained of which shall be accompanied by a notice
2 requiring that the complaint be satisfied and answered within
3 a reasonable time to be specified by the Commission or within
4 the discretion of the Commission, by a notice fixing a time
5 when and place where a hearing will be had upon such
6 complaint. Notice of the time and place shall also be given
7 to the complainant and to such other persons as the
8 Commission shall deem necessary. The Commission shall have
9 authority to hear and investigate any complaint
10 notwithstanding the fact that the person or corporation
11 complained of may have satisfied the complaint.
12 The time fixed for such hearing shall not be less than
13 ten days after the date of the service of such notice and
14 complaint except as herein provided. Service in all hearings,
15 investigations, and proceedings before the Commission may be
16 made upon any person upon whom a summons may be served in
17 accordance with the provisions of the Civil Practice Law and
18 all existing and future amendments thereto and modifications
19 thereof and the Supreme Court Rules now or hereafter adopted
20 in relation to that Law, and may be made personally, by
21 electronic means, or by mailing same in the United States
22 mail in a sealed envelope with postage prepaid. The
23 provisions of this section as to notice shall apply to all
24 hearings held by the Commission or under its authority.
25 Any public utility shall have a right to complain on any
26 of the grounds upon which complaints are allowed to be filed
27 by other parties, and the same procedure shall be adopted and
28 followed as in other cases.
29 All cities shall have power to appear as complainants or
30 to make application before the Illinois Commerce Commission
31 for an inquiry, investigation or hearing relating to the
32 rates or other charges or services of public utilities within
33 such city; and in case of any inquiry, investigation or
34 hearing by or before the Illinois Commerce Commission on any
HB2646 Enrolled -4- LRB9101115JSpc
1 matter relating to the rates or other charges or services
2 within any city, the city shall receive written notice not
3 less than ten days before such inquiry, investigation or
4 hearing, and shall be entitled to appear and present evidence
5 relating to the subject matter of such inquiry, investigation
6 or hearing. Such notice shall be served upon the city clerk,
7 and upon the city attorney or head of the law department of
8 the city.
9 Whenever there shall be filed a complaint under Article
10 IX of this Act regarding the rates, charges, classifications
11 or services of a public utility, the Commission shall make
12 and render findings concerning the subject matter and facts
13 complained of and enter its order based thereon not later
14 than one year after the filing of such complaint unless all
15 parties to the complaint proceeding under Article IX agree to
16 a period of greater than one year, provided that any
17 agreement to extend the one year period must be in writing
18 and must be for a specified period of time not exceeding 60
19 days. The parties may enter into more than one agreement to
20 extend time.
21 In the event that the Commission fails to enter its order
22 within one year after the filing of the complaint or upon the
23 expiration of the last agreement to extend time, any party
24 may file a complaint in the circuit court for an emergency
25 order of mandamus to direct and compel the Commission to
26 enter its order within 60 days of the expiration of the one
27 year period or within 60 days of the expiration of the last
28 agreement to extend time, and the court shall set a schedule
29 to enable the Commission to complete the case and enter an
30 order within the time frame specified herein. Summons upon
31 the complaint shall be returnable within 5 days. The
32 complaint for an order of mandamus shall be brought in the
33 circuit in which the subject matter of the complaint is
34 situated or, if the subject matter of the hearing is situated
HB2646 Enrolled -5- LRB9101115JSpc
1 in more than one circuit, then in any one of those circuits.
2 (Source: P.A. 87-164.)
3 (220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)
4 Sec. 10-112. Service of Commission orders. Every order
5 of the Commission shall be served upon every person or
6 corporation to be affected thereby, either by personal
7 delivery of a certified copy thereof, or by mailing in the
8 United States mail a certified copy thereof, in a sealed
9 package with postage prepaid, or by electronic means to the
10 person to be affected thereby or in the case of a
11 corporation, to any officer or agent thereof upon whom a
12 summons of a circuit court may be served in a civil action.
13 Where such persons or corporations, or both, exceed 3 in
14 number, service as herein provided may be upon the attorneys
15 or representatives of record, if there be any; and in any
16 event, mailing in the United States mail as herein provided,
17 shall constitute service, without additional proof of a
18 receipt of such certified copy or copies of such order. It
19 shall be the duty of every person and corporation to notify
20 the Commission forthwith, in writing, of the receipt of the
21 certified copy of every order so served, and in case of a
22 corporation such notification must be signed and acknowledged
23 by a person or officer duly authorized by the corporation to
24 admit such service. Within a time specified in the order of
25 the Commission every person and corporation upon whom it is
26 served must, if so required in the order, notify the
27 Commission in like manner whether the terms of the order are
28 accepted and will be obeyed.
29 (Source: P.A. 84-617.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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