Section 330.30  Necessary Conditions for a Temporary Rate Increase

a)         Any utility requesting a temporary rate increase must file a motion, testimony and exhibits supporting the request for a temporary rate increase, including the information required by Section 330.40, within 90 days after the utility files its rates, testimony, exhibits, and information required by 83 Ill. Adm. Code 285 supporting the request for a permanent rate increase.

b)         The utility will bear the burden of proof regarding the need for a temporary rate increase.  The utility must demonstrate that at least one of the following has occurred or will occur prior to the time that permanent rates are expected to be approved or in effect:

1)         a loss of revenues or an increase in expenses caused by factors outside the control of the utility which has resulted in or will result in an inability to render service in compliance with the standards of service prescribed for the particular utility (Telephone – 83 Ill. Adm. Code 730, Electric – 83 Ill. Adm. Code 410, Gas – 83 Ill. Adm. Code 500, Water – 83 Ill. Adm. Code 600); or

2)         an inability to raise needed capital at a reasonable cost;

c)         The Commission shall not grant a temporary rate increase unless the Commission has reason to believe that the evidence supporting the temporary rate increase would support a permanent rate increase, and that the utility would be entitled to a permanent rate increase at the time permanent rates will be established.  The Commission must issue an interim order addressing any requested temporary rate increase, either denying, granting in full, or granting in part the requested temporary rates increase.