Sen. William R. Haine
Filed: 4/19/2010
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1 | AMENDMENT TO HOUSE BILL 4649
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2 | AMENDMENT NO. ______. Amend House Bill 4649 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 8-406, 8-509, and 8-510 and by adding Section 8-406.1 | ||||||
6 | as follows: | ||||||
7 | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | ||||||
8 | Sec. 8-406. Certificate of public convenience and | ||||||
9 | necessity. | ||||||
10 | (a) No public utility not owning any city or village
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11 | franchise nor engaged in performing any public service or in | ||||||
12 | furnishing any
product or commodity within this State as of | ||||||
13 | July 1, 1921 and not
possessing a certificate of
public | ||||||
14 | convenience and necessity from the Illinois Commerce | ||||||
15 | Commission,
the State Public Utilities Commission or
the Public | ||||||
16 | Utilities Commission, at the time this amendatory Act of 1985 |
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1 | goes
into effect, shall transact any business in this State | ||||||
2 | until it shall have
obtained a certificate from the Commission | ||||||
3 | that public convenience and
necessity require the transaction | ||||||
4 | of such business. | ||||||
5 | (b) No public utility shall begin the construction of any | ||||||
6 | new plant,
equipment, property or facility which is not in | ||||||
7 | substitution of any
existing plant, equipment, property or | ||||||
8 | facility or any extension or
alteration thereof or in addition | ||||||
9 | thereto,
unless and until it shall have obtained from the
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10 | Commission a certificate that public convenience and necessity | ||||||
11 | require such
construction. Whenever after a hearing the | ||||||
12 | Commission determines that any
new construction or the | ||||||
13 | transaction of any business by a public utility will
promote | ||||||
14 | the public convenience and is necessary thereto, it shall have | ||||||
15 | the
power to issue certificates of public convenience and | ||||||
16 | necessity. The
Commission shall determine that proposed | ||||||
17 | construction will promote the
public convenience and necessity | ||||||
18 | only if the utility demonstrates: (1) that the
proposed | ||||||
19 | construction is necessary to provide adequate, reliable, and
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20 | efficient service to its customers and is the
least-cost means | ||||||
21 | of
satisfying the service needs of its customers or that the | ||||||
22 | proposed construction will promote the development of an | ||||||
23 | effectively competitive electricity market that operates | ||||||
24 | efficiently, is equitable to all customers, and is the least | ||||||
25 | cost means of satisfying those objectives;
(2) that the utility | ||||||
26 | is capable of efficiently managing and
supervising the |
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1 | construction process and has taken sufficient action to
ensure | ||||||
2 | adequate and efficient construction and supervision thereof; | ||||||
3 | and (3)
that the utility is capable of financing the proposed | ||||||
4 | construction without
significant adverse financial | ||||||
5 | consequences for the utility or its
customers. | ||||||
6 | (c) After the effective date of this amendatory Act of | ||||||
7 | 1987, no
construction shall commence on any new nuclear
power | ||||||
8 | plant to be located within this State, and no certificate of | ||||||
9 | public
convenience and necessity or other authorization shall | ||||||
10 | be issued therefor
by the Commission, until the Director of the | ||||||
11 | Illinois Environmental
Protection Agency finds that the United | ||||||
12 | States Government, through its
authorized agency, has | ||||||
13 | identified and approved a demonstrable technology or
means for | ||||||
14 | the disposal of high level nuclear waste, or until such
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15 | construction has been specifically approved by a statute | ||||||
16 | enacted by the General
Assembly. | ||||||
17 | As used in this Section, "high level nuclear waste" means | ||||||
18 | those aqueous
wastes resulting from the operation of the first | ||||||
19 | cycle of the solvent
extraction system or equivalent and the | ||||||
20 | concentrated wastes of the
subsequent extraction cycles or | ||||||
21 | equivalent in a facility for reprocessing
irradiated reactor | ||||||
22 | fuel and shall include spent fuel assemblies prior to
fuel | ||||||
23 | reprocessing. | ||||||
24 | (d) In making its determination, the Commission shall | ||||||
25 | attach primary
weight to the cost or cost savings to the | ||||||
26 | customers of the utility. The
Commission may consider any or |
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1 | all factors which will or may affect such
cost or cost savings , | ||||||
2 | including the public utility's engineering judgment regarding | ||||||
3 | the materials used for construction . | ||||||
4 | (e) The Commission may issue a temporary certificate which | ||||||
5 | shall remain
in force not to exceed one year in cases of | ||||||
6 | emergency, to assure maintenance
of adequate service or to | ||||||
7 | serve particular customers, without notice or
hearing, pending | ||||||
8 | the determination of an application for a certificate, and
may | ||||||
9 | by regulation exempt from the requirements of this Section | ||||||
10 | temporary
acts or operations for which the issuance of a | ||||||
11 | certificate will not be
required in the public interest. | ||||||
12 | A public utility shall not be required to obtain but may | ||||||
13 | apply for and
obtain a certificate of public convenience and | ||||||
14 | necessity pursuant to this
Section with respect to any matter | ||||||
15 | as to which it has received the
authorization or order of the | ||||||
16 | Commission under the Electric Supplier Act,
and any such | ||||||
17 | authorization or order granted a public utility by the
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18 | Commission under that Act shall as between public utilities be | ||||||
19 | deemed to
be, and shall have except as provided in that Act the | ||||||
20 | same force and effect
as, a certificate of public convenience | ||||||
21 | and necessity issued pursuant to this
Section. | ||||||
22 | No electric cooperative shall be made or shall become a | ||||||
23 | party to or shall
be entitled to be heard or to otherwise | ||||||
24 | appear or participate in any
proceeding initiated under this | ||||||
25 | Section for authorization of power plant
construction and as to | ||||||
26 | matters as to which a remedy is available under The
Electric |
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1 | Supplier Act. | ||||||
2 | (f) Such certificates may be altered or modified by the | ||||||
3 | Commission, upon
its own motion or upon application by the | ||||||
4 | person or corporation affected.
Unless exercised within a | ||||||
5 | period of 2 years from the grant thereof
authority conferred by | ||||||
6 | a certificate of convenience and necessity issued by
the | ||||||
7 | Commission shall be null and void. | ||||||
8 | No certificate of public convenience and necessity shall be | ||||||
9 | construed as
granting a monopoly or an exclusive privilege, | ||||||
10 | immunity or franchise. | ||||||
11 | (g) A public utility that undertakes any of the actions | ||||||
12 | described in items (1) through (3) of this subsection (g) or | ||||||
13 | that has obtained approval pursuant to Section 8-406.1 of this | ||||||
14 | Act shall not be required to comply with the requirements of | ||||||
15 | this Section to the extent such requirements otherwise would | ||||||
16 | apply. For purposes of this Section and Section 8-406.1 of this | ||||||
17 | Act, "high voltage electric service line" means an electric | ||||||
18 | line having a design voltage of 100,000 or more. For purposes | ||||||
19 | of this subsection (g), a public utility may do any of the | ||||||
20 | following: | ||||||
21 | (1) replace or upgrade any existing high voltage | ||||||
22 | electric service line and related facilities, | ||||||
23 | notwithstanding its length; | ||||||
24 | (2) relocate any existing high voltage electric | ||||||
25 | service line and related facilities, notwithstanding its | ||||||
26 | length, to accommodate construction or expansion of a |
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1 | roadway or other transportation infrastructure; or | ||||||
2 | (3) construct a high voltage electric service line and | ||||||
3 | related facilities that is constructed solely to serve a | ||||||
4 | single customer's premises or to provide a generator | ||||||
5 | interconnection to the public utility's transmission | ||||||
6 | system and that will pass under or over the premises owned | ||||||
7 | by the customer or generator to be served or under or over | ||||||
8 | premises for which the customer or generator has secured | ||||||
9 | the necessary right of way. | ||||||
10 | (Source: P.A. 95-700, eff. 11-9-07.) | ||||||
11 | (220 ILCS 5/8-406.1 new) | ||||||
12 | Sec. 8-406.1. Certificate of public convenience and | ||||||
13 | necessity; expedited procedure. | ||||||
14 | (a) A public utility may apply for a certificate of public | ||||||
15 | convenience and necessity pursuant to this Section for the | ||||||
16 | construction of any new high voltage electric service line and | ||||||
17 | related facilities (Project). To facilitate the expedited | ||||||
18 | review process of an application filed pursuant to this | ||||||
19 | Section, an application shall include all of the following: | ||||||
20 | (1) Information in support of the application that | ||||||
21 | shall include the following: | ||||||
22 | (A) A detailed description of the Project, | ||||||
23 | including location maps and plot plans to scale showing | ||||||
24 | all major components. | ||||||
25 | (B) The following engineering data: |
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1 | (i) a detailed Project description including: | ||||||
2 | (I) name and destination of the Project; | ||||||
3 | (II) design voltage rating (kV); | ||||||
4 | (III) operating voltage rating (kV); and | ||||||
5 | (IV) normal peak operating current rating; | ||||||
6 | (ii) a conductor, structures, and substations | ||||||
7 | description including: | ||||||
8 | (I) conductor size and type; | ||||||
9 | (II) type of structures; | ||||||
10 | (III) height of typical structures; | ||||||
11 | (IV) an explanation why these structures | ||||||
12 | were selected; | ||||||
13 | (V) dimensional drawings of the typical | ||||||
14 | structures to be used in the Project; and | ||||||
15 | (VI) a list of the names of all new (and | ||||||
16 | existing if applicable) substations or | ||||||
17 | switching stations that will be associated | ||||||
18 | with the proposed new high voltage electric | ||||||
19 | service line; | ||||||
20 | (iii) the location of the site and | ||||||
21 | right-of-way including: | ||||||
22 | (I) miles of right-of-way; | ||||||
23 | (II) miles of circuit; | ||||||
24 | (III) width of the right-of-way; and | ||||||
25 | (IV) a brief description of the area | ||||||
26 | traversed by the proposed high voltage |
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1 | electric service line, including a description | ||||||
2 | of the general land uses in the area and the | ||||||
3 | type of terrain crossed by the proposed line; | ||||||
4 | (iv) assumptions, bases, formulae, and methods | ||||||
5 | used in the development and preparation of the | ||||||
6 | diagrams and accompanying data, and a technical | ||||||
7 | description providing the following information: | ||||||
8 | (I) number of circuits, with | ||||||
9 | identification as to whether the circuit is | ||||||
10 | overhead or underground; | ||||||
11 | (II) the operating voltage and frequency; | ||||||
12 | and | ||||||
13 | (III) conductor size and type and number | ||||||
14 | of conductors per phase; | ||||||
15 | (v) if the proposed interconnection is an | ||||||
16 | overhead line, the following additional | ||||||
17 | information also must be provided: | ||||||
18 | (I) the wind and ice loading design | ||||||
19 | parameters; | ||||||
20 | (II) a full description and drawing of a | ||||||
21 | typical supporting structure, including | ||||||
22 | strength specifications; | ||||||
23 | (III) structure spacing with typical | ||||||
24 | ruling and maximum spans; | ||||||
25 | (IV) conductor (phase) spacing; and | ||||||
26 | (V) the designed line-to-ground and |
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1 | conductor-side clearances; | ||||||
2 | (vi) if an underground or underwater | ||||||
3 | interconnection is proposed, the following | ||||||
4 | additional information also must be provided: | ||||||
5 | (I) burial depth; | ||||||
6 | (II) type of cable and a description of any | ||||||
7 | required supporting equipment, such as | ||||||
8 | insulation medium pressurizing or forced | ||||||
9 | cooling; | ||||||
10 | (III) cathodic protection scheme; and | ||||||
11 | (IV) type of dielectric fluid and | ||||||
12 | safeguards used to limit potential spills in | ||||||
13 | waterways; | ||||||
14 | (vii) technical diagrams that provide | ||||||
15 | clarification of any item under this item (1) | ||||||
16 | should be included; and | ||||||
17 | (viii) applicant shall provide and identify a | ||||||
18 | primary right-of-way and one or more alternate | ||||||
19 | rights-of-way for the Project as part of the | ||||||
20 | filing. To the extent applicable, for each | ||||||
21 | right-of-way, applicant shall provide the | ||||||
22 | information described is this subsection (a). Upon | ||||||
23 | a showing of good cause in its filing, an applicant | ||||||
24 | may be excused from providing and identifying | ||||||
25 | alternate rights-of-way. | ||||||
26 | (2) An application fee of $100,000, which shall be paid |
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1 | into the Public Utility Fund at the time the Chief Clerk of | ||||||
2 | the Commission deems it complete and accepts the filing. | ||||||
3 | (3) Information showing that the utility has held a | ||||||
4 | minimum of 3 pre-filing public meetings to receive public | ||||||
5 | comment concerning the Project in each county where the | ||||||
6 | Project is to be located, no earlier than 6 months prior to | ||||||
7 | the filing of the application. Notice of the public meeting | ||||||
8 | shall be published in a newspaper of general circulation | ||||||
9 | within the affected county once a week for 3 consecutive | ||||||
10 | weeks, beginning no earlier than one month prior to the | ||||||
11 | first public meeting. If the Project traverses 2 contiguous | ||||||
12 | counties and where in one county the transmission line | ||||||
13 | mileage and number of landowners over whose property the | ||||||
14 | proposed route traverses is 1/5 or less of the transmission | ||||||
15 | line mileage and number of such landowners of the other | ||||||
16 | county, then the utility may combine the 3 pre-filing | ||||||
17 | meetings in the county with the greater transmission line | ||||||
18 | mileage and affected landowners. All other requirements | ||||||
19 | regarding pre-filing meetings shall apply in both | ||||||
20 | counties. Notice of the public meeting, including a | ||||||
21 | description of the Project, must be provided in writing to | ||||||
22 | the clerk of each county where the Project is to be | ||||||
23 | located. A representative of the Commission shall be | ||||||
24 | invited to each pre-filing public meeting. | ||||||
25 | (b) At the first status hearing the administrative law | ||||||
26 | judge shall set a schedule for discovery that shall take into |
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1 | consideration the expedited nature of the proceeding. | ||||||
2 | (c) Nothing in this Section prohibits a utility from | ||||||
3 | requesting, or the Commission from approving, protection of | ||||||
4 | confidential or proprietary information under applicable law. | ||||||
5 | The public utility may seek confidential protection of any of | ||||||
6 | the information provided pursuant to this Section, subject to | ||||||
7 | Commission approval. | ||||||
8 | (d) The public utility shall publish notice of its | ||||||
9 | application in the official State newspaper within 10 days | ||||||
10 | following the date of the application's filing. | ||||||
11 | (e) The public utility shall establish a dedicated website | ||||||
12 | for the Project 3 weeks prior to the first public meeting and | ||||||
13 | maintain the website until construction of the Project is | ||||||
14 | complete. The website address shall be included in all public | ||||||
15 | notices. | ||||||
16 | (f) The Commission shall, after notice and hearing, grant a | ||||||
17 | certificate of public convenience and necessity filed in | ||||||
18 | accordance with the requirements of this Section if, based upon | ||||||
19 | the application filed with the Commission and the evidentiary | ||||||
20 | record, it finds the Project will promote the public | ||||||
21 | convenience and necessity and that all of the following | ||||||
22 | criteria are satisfied: | ||||||
23 | (1) That the Project is necessary to provide adequate, | ||||||
24 | reliable, and efficient service to the public utility's | ||||||
25 | customers and is the least-cost means of satisfying the | ||||||
26 | service needs of the public utility's customers or that the |
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1 | Project will promote the development of an effectively | ||||||
2 | competitive electricity market that operates efficiently, | ||||||
3 | is equitable to all customers, and is the least cost means | ||||||
4 | of satisfying those objectives. | ||||||
5 | (2) That the public utility is capable of efficiently | ||||||
6 | managing and supervising the construction process and has | ||||||
7 | taken sufficient action to ensure adequate and efficient | ||||||
8 | construction and supervision of the construction. | ||||||
9 | (3) That the public utility is capable of financing the | ||||||
10 | proposed construction without significant adverse | ||||||
11 | financial consequences for the utility or its customers. | ||||||
12 | (g) The Commission shall issue its decision with findings | ||||||
13 | of fact and conclusions of law granting or denying the | ||||||
14 | application no later than 150 days after the application is | ||||||
15 | filed. The Commission may extend the 150-day deadline upon | ||||||
16 | notice by an additional 75 days if, on or before the 30th day | ||||||
17 | after the filing of the application, the Commission finds that | ||||||
18 | good cause exists to extend the 150-day period. | ||||||
19 | (h) In the event the Commission grants a public utility's | ||||||
20 | application for a certificate pursuant to this Section, the | ||||||
21 | public utility shall pay a one-time construction fee to each | ||||||
22 | county in which the Project is constructed within 30 days after | ||||||
23 | the completion of construction. The construction fee shall be | ||||||
24 | $20,000 per mile of high voltage electric service line | ||||||
25 | constructed in that county, or a proportionate fraction of that | ||||||
26 | fee. The fee shall be in lieu of any permitting fees that |
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1 | otherwise would be imposed by a county. Counties receiving a | ||||||
2 | payment under this subsection (h) may distribute all or | ||||||
3 | portions of the fee to local taxing districts in that county. | ||||||
4 | (i) Notwithstanding any other provisions of this Act, a | ||||||
5 | decision granting a certificate under this Section shall | ||||||
6 | include an order pursuant to Section 8-503 of this Act | ||||||
7 | authorizing or directing the construction of the high voltage | ||||||
8 | electric service line and related facilities as approved by the | ||||||
9 | Commission, in the manner and within the time specified in said | ||||||
10 | order. | ||||||
11 | (220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509) | ||||||
12 | Sec. 8-509. When necessary for the construction of any | ||||||
13 | alterations,
additions, extensions or improvements ordered or | ||||||
14 | authorized under Section 8-406.1,
8-503 , or 12-218 of this Act, | ||||||
15 | any public utility may enter upon, take or
damage private | ||||||
16 | property in the manner provided for by the law of eminent | ||||||
17 | domain. If a public utility seeks relief under this Section in | ||||||
18 | the same proceeding in which it seeks a certificate of public | ||||||
19 | convenience and necessity under Section 8-406.1 of this Act, | ||||||
20 | the Commission shall enter its order under this Section either | ||||||
21 | as part of the Section 8-406.1 order or at the same time it | ||||||
22 | enters the Section 8-406.1 order. If a public utility seeks | ||||||
23 | relief under this Section after the Commission enters its order | ||||||
24 | in the Section 8-406.1 proceeding, the Commission shall issue | ||||||
25 | its order under this Section within 45 days after the utility |
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1 | files its petition under this Section. | ||||||
2 | This Section applies to the exercise of eminent domain | ||||||
3 | powers by
telephone companies or telecommunications carriers | ||||||
4 | only when the facilities
to be constructed are intended to be | ||||||
5 | used in whole or in part for providing
one or more intrastate | ||||||
6 | telecommunications services classified as
"noncompetitive" | ||||||
7 | under Section 13-502 in a tariff filed by the condemnor.
The | ||||||
8 | exercise of eminent domain powers by telephone companies or
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9 | telecommunications carriers in all other cases shall be | ||||||
10 | governed solely by
"An Act relating to the powers, duties and | ||||||
11 | property of telephone
companies", approved May 16, 1903, as now | ||||||
12 | or hereafter amended. | ||||||
13 | (Source: P.A. 86-221.) | ||||||
14 | (220 ILCS 5/8-510) (from Ch. 111 2/3, par. 8-510) | ||||||
15 | Sec. 8-510. Land surveys and land use studies . For the | ||||||
16 | purpose of making land surveys and land use studies , any public | ||||||
17 | utility
that has been granted a certificate of public | ||||||
18 | convenience and necessity
by, or received an order under | ||||||
19 | Section 8-503 or 8-406.1 of this Act from, the
Commission may, | ||||||
20 | 30 days after providing written notice to the
owner thereof by | ||||||
21 | registered mail, enter upon the property of any owner who
has | ||||||
22 | refused permission for entrance upon that property, but subject | ||||||
23 | to
responsibility for all damages which may be inflicted | ||||||
24 | thereby. | ||||||
25 | (Source: P.A. 90-561, eff. 12-16-97.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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