SB1652ham003 97TH GENERAL ASSEMBLY

Rep. Kevin A. McCarthy

Filed: 5/29/2011

09700SB1652ham003 LRB097 09323 ASK 56587 a

AMENDMENT TO SENATE BILL 1652

AMENDMENT NO. ______. Amend Senate Bill 1652, AS AMENDED, with page and line reference to House Amendment No. 2 as follows:

on page 71, line 16, after "Illinois", by inserting "related to the provision of electric service"; and

on page 76, line 9, by replacing "update" with "updates"; and

on page 79, line 10, immediately after "approving", by inserting ", or approving as modified,"; and

on page 80, by replacing lines 4 through 10 with the following: "General Assembly does not amend the limitation imposed by this subsection (b-5), then the utility may modify its plan so as not to exceed the limitation imposed by this subsection (b-5) and may propose corresponding changes to the metrics established pursuant to subparagraphs (5) through (8) of subsection (f) of this Section, and the Commission may modify the metrics and incremental savings goals established pursuant to subsection (f) of this Section accordingly."; and

on page 81, line 18, after "The", by inserting "sole"; and

on page 88, line 1, by replacing "March" with "May"; and

on page 92, line 24, by deleting "substantial"; and

on page 93, line 20, after "other", by inserting "Commission"; and

on page 94, immediately below line 6, by inserting the following:

"A participating utility's first filing of the updated cost inputs, and any Commission investigation of such inputs pursuant to this subsection (d) shall proceed notwithstanding the fact that the Commission's investigation under subsection (c) of this Section is still pending and notwithstanding any other law, order, rule, or Commission practice to the contrary."; and

on page 98, line 3, after "in", by inserting "subparagraphs (5) through (8) of"; and

on page 100, by replacing lines 19 through 26 with the following:

"The Commission shall, after notice and hearing, enter an order within 120 days after the metrics are filed approving, or approving with modification, a participating utility's tariff or mechanism to satisfy the metrics set forth in subsection (f) of this Section. On June 1 of each subsequent year, each participating utility shall file a report with the Commission that includes, among other things, a description of how the participating utility performed under each metric and an identification of any extraordinary events that adversely impacted the utility's performance. Whenever a participating utility does not satisfy the metrics required pursuant to subsection (f) of this Section, the Commission shall, after notice and hearing, enter an order approving financial penalties in accordance with this subsection (f-5). The Commission-approved financial penalties shall be applied beginning with the next rate year. Nothing in this Section shall authorize the Commission to reduce or otherwise obviate the imposition of financial penalties for failing to achieve one or more of the metrics established pursuant to subparagraph (1) through (4) of subsection (f) of this Section."; and

on page 101, by deleting lines 1 through 9; and

on page 101, line 15, by replacing "2011 to" with "2012; the 12-month period ending May 31, 2013; and"; and

on page 101, line 21, after "report.", by inserting "The cost of the independent auditor shall be borne by the participating utility and shall not be a recoverable expense."; and

on page 106, line 5, after "costs of the", by inserting "Smart Grid AMI Deployment"; and

on page 167, line 23, after "installing,", by inserting "constructing,".