Section 418.130  Procedures for Promulgating Rates

a)         If a rate request is based on Section 418.110, the Commission staff shall review the filing to determine whether it complies with Sections 418.100 and 418.110.  Within 30 days after the Chief Clerk receives a rate request, the staff shall make a determination as follows:

1)         If the staff determines that the filing complies with the applicable Sections of this Part, it shall so inform the Commission in a Staff Report filed with the Chief Clerk and served upon the municipality and the electric utility from which the municipality received the information upon which the request is based.  The Hearing Examiner shall present an order for Commission action promulgating the rates requested by the municipality as soon as is practicable.

2)         If the staff determines that the filing does not comply with the applicable Sections of this Part, it shall provide written notification to the municipality and the electric utility from which the municipality received the information upon which the request is based of each reason for its determination and shall file a copy of the notification with the Chief Clerk. The notification shall include, if practicable, rate corrections necessary to bring the request into compliance with the applicable Sections.  The municipality shall have the option of correcting its filing, withdrawing its filing (in which case it may submit another request), or requesting a hearing on the merits of its request under subsection (b).  If a corrected filing is made, the Commission staff shall act on the corrected request within 30 days in the manner provided by this subsection.

b)         If the request is based upon Section 418.120, or if the municipality so requests under subsection (a)(2), the Hearing Examiner shall set the matter for a prehearing conference pursuant to the Commission's Rules of Practice (83 Ill. Adm. Code 200).  Once notice of the prehearing conference is issued, the Rules of Practice shall apply to the proceeding.

c)         At any time during the pendency of the request, on motion of any party or on the Commission's own motion, the Commission may enter an interim order that promulgates rates on an interim basis and reserves outstanding issues for resolution in further proceedings.