99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4969

 

Introduced 2/5/2016, by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/8-406.1
220 ILCS 5/8-509  from Ch. 111 2/3, par. 8-509

    Amends the Public Utilities Act. Provides that a public utility may apply for expedited review for a certificate of public convenience and necessity for the construction of any new high voltage service line that does not exceed 25 miles in length across privately owned real estate (instead of any new high voltage electric service line). Provides that privately owned real estate does not include a right-of-way owned in fee simple, subject to an easement, or controlled by a public utility. Provides that the changes shall apply to applications filed on or after this amendatory Act's effective date. Provides that if a public utility seeks to exercise its eminent domain powers after the Commerce Commission has issued an order regarding a certificate of public convenience and necessity, then the Commission must issue its order regarding eminent domain within 365 days (instead of 45 days) after the public utility files its petition. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 8-406.1 and 8-509 as follows:
 
6    (220 ILCS 5/8-406.1)
7    Sec. 8-406.1. Certificate of public convenience and
8necessity; expedited procedure.
9    (a) A public utility may apply for a certificate of public
10convenience and necessity pursuant to this Section for the
11construction of any new high voltage electric service line that
12does not exceed 25 miles in length across privately owned real
13estate and related facilities (Project). For purposes of this
14Section, "privately owned real estate" shall not include a
15right-of-way owned in fee simple, subject to an easement, or
16controlled by a public utility. To facilitate the expedited
17review process of an application filed pursuant to this
18Section, an application shall include all of the following:
19        (1) Information in support of the application that
20    shall include the following:
21            (A) A detailed description of the Project,
22        including location maps and plot plans to scale showing
23        all major components.

 

 

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1            (B) The following engineering data:
2                (i) a detailed Project description including:
3                    (I) name and destination of the Project;
4                    (II) design voltage rating (kV);
5                    (III) operating voltage rating (kV); and
6                    (IV) normal peak operating current rating;
7                (ii) a conductor, structures, and substations
8            description including:
9                    (I) conductor size and type;
10                    (II) type of structures;
11                    (III) height of typical structures;
12                    (IV) an explanation why these structures
13                were selected;
14                    (V) dimensional drawings of the typical
15                structures to be used in the Project; and
16                    (VI) a list of the names of all new (and
17                existing if applicable) substations or
18                switching stations that will be associated
19                with the proposed new high voltage electric
20                service line;
21                (iii) the location of the site and
22            right-of-way including:
23                    (I) miles of right-of-way;
24                    (II) miles of circuit;
25                    (III) width of the right-of-way; and
26                    (IV) a brief description of the area

 

 

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1                traversed by the proposed high voltage
2                electric service line, including a description
3                of the general land uses in the area and the
4                type of terrain crossed by the proposed line;
5                (iv) assumptions, bases, formulae, and methods
6            used in the development and preparation of the
7            diagrams and accompanying data, and a technical
8            description providing the following information:
9                    (I) number of circuits, with
10                identification as to whether the circuit is
11                overhead or underground;
12                    (II) the operating voltage and frequency;
13                and
14                    (III) conductor size and type and number
15                of conductors per phase;
16                (v) if the proposed interconnection is an
17            overhead line, the following additional
18            information also must be provided:
19                    (I) the wind and ice loading design
20                parameters;
21                    (II) a full description and drawing of a
22                typical supporting structure, including
23                strength specifications;
24                    (III) structure spacing with typical
25                ruling and maximum spans;
26                    (IV) conductor (phase) spacing; and

 

 

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1                    (V) the designed line-to-ground and
2                conductor-side clearances;
3                (vi) if an underground or underwater
4            interconnection is proposed, the following
5            additional information also must be provided:
6                    (I) burial depth;
7                    (II) type of cable and a description of any
8                required supporting equipment, such as
9                insulation medium pressurizing or forced
10                cooling;
11                    (III) cathodic protection scheme; and
12                    (IV) type of dielectric fluid and
13                safeguards used to limit potential spills in
14                waterways;
15                (vii) technical diagrams that provide
16            clarification of any item under this item (1)
17            should be included; and
18                (viii) applicant shall provide and identify a
19            primary right-of-way and one or more alternate
20            rights-of-way for the Project as part of the
21            filing. To the extent applicable, for each
22            right-of-way, an applicant shall provide the
23            information described in this subsection (a). Upon
24            a showing of good cause in its filing, an applicant
25            may be excused from providing and identifying
26            alternate rights-of-way.

 

 

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1        (2) An application fee of $100,000, which shall be paid
2    into the Public Utility Fund at the time the Chief Clerk of
3    the Commission deems it complete and accepts the filing.
4        (3) Information showing that the utility has held a
5    minimum of 3 pre-filing public meetings to receive public
6    comment concerning the Project in each county where the
7    Project is to be located, no earlier than 6 months prior to
8    the filing of the application. Notice of the public meeting
9    shall be published in a newspaper of general circulation
10    within the affected county once a week for 3 consecutive
11    weeks, beginning no earlier than one month prior to the
12    first public meeting. If the Project traverses 2 contiguous
13    counties and where in one county the transmission line
14    mileage and number of landowners over whose property the
15    proposed route traverses is 1/5 or less of the transmission
16    line mileage and number of such landowners of the other
17    county, then the utility may combine the 3 pre-filing
18    meetings in the county with the greater transmission line
19    mileage and affected landowners. All other requirements
20    regarding pre-filing meetings shall apply in both
21    counties. Notice of the public meeting, including a
22    description of the Project, must be provided in writing to
23    the clerk of each county where the Project is to be
24    located. A representative of the Commission shall be
25    invited to each pre-filing public meeting.
26    For applications filed after August 18, 2015 (the effective

 

 

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1date of Public Act 99-399) this amendatory Act of the 99th
2General Assembly, the Commission shall by registered mail
3notify each owner of record of the land, as identified in the
4records of the relevant county tax assessor, included in the
5primary or alternate rights-of-way identified in the utility's
6application of the time and place scheduled for the initial
7hearing upon the public utility's application. The utility
8shall reimburse the Commission for the cost of the postage and
9supplies incurred for mailing the notice.
10    (b) At the first status hearing the administrative law
11judge shall set a schedule for discovery that shall take into
12consideration the expedited nature of the proceeding.
13    (c) Nothing in this Section prohibits a utility from
14requesting, or the Commission from approving, protection of
15confidential or proprietary information under applicable law.
16The public utility may seek confidential protection of any of
17the information provided pursuant to this Section, subject to
18Commission approval.
19    (d) The public utility shall publish notice of its
20application in the official State newspaper within 10 days
21following the date of the application's filing.
22    (e) The public utility shall establish a dedicated website
23for the Project 3 weeks prior to the first public meeting and
24maintain the website until construction of the Project is
25complete. The website address shall be included in all public
26notices.

 

 

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1    (f) The Commission shall, after notice and hearing, grant a
2certificate of public convenience and necessity filed in
3accordance with the requirements of this Section if, based upon
4the application filed with the Commission and the evidentiary
5record, it finds the Project will promote the public
6convenience and necessity and that all of the following
7criteria are satisfied:
8        (1) That the Project is necessary to provide adequate,
9    reliable, and efficient service to the public utility's
10    customers and is the least-cost means of satisfying the
11    service needs of the public utility's customers or that the
12    Project will promote the development of an effectively
13    competitive electricity market that operates efficiently,
14    is equitable to all customers, and is the least cost means
15    of satisfying those objectives.
16        (2) That the public utility is capable of efficiently
17    managing and supervising the construction process and has
18    taken sufficient action to ensure adequate and efficient
19    construction and supervision of the construction.
20        (3) That the public utility is capable of financing the
21    proposed construction without significant adverse
22    financial consequences for the utility or its customers.
23    (g) The Commission shall issue its decision with findings
24of fact and conclusions of law granting or denying the
25application no later than 150 days after the application is
26filed. The Commission may extend the 150-day deadline upon

 

 

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1notice by an additional 75 days if, on or before the 30th day
2after the filing of the application, the Commission finds that
3good cause exists to extend the 150-day period.
4    (h) In the event the Commission grants a public utility's
5application for a certificate pursuant to this Section, the
6public utility shall pay a one-time construction fee to each
7county in which the Project is constructed within 30 days after
8the completion of construction. The construction fee shall be
9$20,000 per mile of high voltage electric service line
10constructed in that county, or a proportionate fraction of that
11fee. The fee shall be in lieu of any permitting fees that
12otherwise would be imposed by a county. Counties receiving a
13payment under this subsection (h) may distribute all or
14portions of the fee to local taxing districts in that county.
15    (i) Notwithstanding any other provisions of this Act, a
16decision granting a certificate under this Section shall
17include an order pursuant to Section 8-503 of this Act
18authorizing or directing the construction of the high voltage
19electric service line and related facilities as approved by the
20Commission, in the manner and within the time specified in said
21order.
22    (j) The changes made to this Section by this amendatory Act
23of the 99th General Assembly shall apply to all applications
24filed on or after the effective date of this amendatory Act.
25(Source: P.A. 99-399, eff. 8-18-15.)
 

 

 

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1    (220 ILCS 5/8-509)  (from Ch. 111 2/3, par. 8-509)
2    Sec. 8-509. When necessary for the construction of any
3alterations, additions, extensions or improvements ordered or
4authorized under Section 8-406.1, 8-503, or 12-218 of this Act,
5any public utility may enter upon, take or damage private
6property in the manner provided for by the law of eminent
7domain. If a public utility seeks relief under this Section in
8the same proceeding in which it seeks a certificate of public
9convenience and necessity under Section 8-406.1 of this Act,
10the Commission shall enter its order under this Section either
11as part of the Section 8-406.1 order or at the same time it
12enters the Section 8-406.1 order. If a public utility seeks
13relief under this Section after the Commission enters its order
14in the Section 8-406.1 proceeding, the Commission shall issue
15its order under this Section within 365 45 days after the
16utility files its petition under this Section.
17    This Section applies to the exercise of eminent domain
18powers by telephone companies or telecommunications carriers
19only when the facilities to be constructed are intended to be
20used in whole or in part for providing one or more intrastate
21telecommunications services classified as "noncompetitive"
22under Section 13-502 in a tariff filed by the condemnor. The
23exercise of eminent domain powers by telephone companies or
24telecommunications carriers in all other cases shall be
25governed solely by "An Act relating to the powers, duties and
26property of telephone companies", approved May 16, 1903, as now

 

 

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1or hereafter amended.
2(Source: P.A. 96-1348, eff. 7-28-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.