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| Public Act 102-0457 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing | ||||
Section 8-508 as follows:
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(220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
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Sec. 8-508.
No public utility shall
abandon or discontinue | ||||
any service or, in the case of an electric utility,
make any | ||||
modification as herein defined, without first having secured | ||||
the
approval of the Commission, except in case of assignment, | ||||
transfer,
lease or sale of the whole or any part of its | ||||
franchises, licenses,
permits, plant, equipment, business, or | ||||
other property to any political
subdivision or municipal | ||||
corporation of this State. In the case of the
assignment, | ||||
transfer, lease or sale, in whole or in part, of any franchise,
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license, permit, plant, equipment, business or other property | ||||
to any
political subdivision or municipal corporation of this | ||||
State, the public
utility shall notify the Commission of such | ||||
transaction. "Modification" as
used in this Section means any | ||||
change of fuel type which would result in an
annual net | ||||
systemwide decreased use of 10% or more of coal mined in | ||||
Illinois.
The Commission shall conduct public hearings on any | ||||
request by a public
utility to make such modification and | ||||
shall accept testimony from interested
parties qualified to | ||
provide evidence regarding the cost or cost savings
of the | ||
proposed modification as compared with the cost or cost | ||
savings of
alternative actions by the utility and shall | ||
consider the impact on employment
related to the production of | ||
coal in Illinois. Such hearings shall be commenced
no later | ||
than 30 days after the filing of the request by the public | ||
utility
and shall be concluded within 120 days from the date of | ||
filing. The Commission
must issue its final determination | ||
within 60 days of the conclusion of the
hearing. In making its | ||
determination the Commission shall attach primary
weight to | ||
the cost or cost savings to the customers of the utility. In
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granting its approval, the Commission may impose such terms, | ||
conditions
or requirements as in its judgment are necessary to | ||
protect the public
interest. Provided, however, that any | ||
public utility abandoning or
discontinuing service in | ||
pursuance of authority granted by the
Commission shall be | ||
deemed to have waived any and all objections to the
terms, | ||
conditions or requirements imposed by the Commission in that
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regard. Provided, further, that nothing in this Section shall | ||
be
construed to limit the right of a public utility to | ||
discontinue service
to individual patrons in accordance with | ||
the effective rules,
regulations, and practices of such public | ||
utility.
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The Commission, after a hearing upon its own motion or | ||
upon petition
of any public utility, shall have power by order | ||
to authorize or require
any public utility to curtail or | ||
discontinue service to individual
customers or classes | ||
thereof, or for specific purposes or uses, and
otherwise to | ||
regulate the furnishing of service, provided that preference
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for service shall be given to those customers serving | ||
essential human needs and
governmental agencies performing law | ||
enforcement functions, whenever and to the
extent such action | ||
is required by the convenience and necessity of the
public | ||
during time of war, invasion, insurrection or martial law, or | ||
by
reason of a catastrophe, emergency, or shortage of fuel, | ||
supplies or
equipment employed or service furnished by such | ||
public utility;
provided, however, that an interim order, | ||
effective for a period not
exceeding 45 15 days, may be made | ||
without a hearing if the circumstances do
not reasonably | ||
permit the holding of a hearing. Orders for the
curtailment or | ||
discontinuance of service pursuant to this paragraph
shall not | ||
be continued in effect for any period beyond that which is
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reasonably necessary, shall be vacated by the Commission as | ||
soon as
public convenience and necessity permit, and shall | ||
include such
arrangements for substitute service in the | ||
interim as the Commission in its
judgment may impose. Every | ||
such order, during the
period it is in effect and for such | ||
further period, if any, as the
Commission may provide, shall | ||
have the effect of suspending the
operation of all prior | ||
orders or parts of orders of the Commission
inconsistent | ||
therewith. No public utility shall be held liable for any
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damage resulting from any action taken, or any omission to | ||
act, pursuant
to or in compliance with any order under this | ||
paragraph for the
curtailment or discontinuance of service | ||
unless such order was procured
by the fraud of the public | ||
utility.
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(Source: P.A. 100-840, eff. 8-13-18.)
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