093_HB1262 LRB093 05983 JLS 06084 b 1 AN ACT relating to public utilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 changing Section 8-406 as follows: 6 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) 7 Sec. 8-406. Certificate of public convenience and 8 necessity. 9 (a) No public utility not owning any city or village 10 franchise nor engaged in performing any public service or in 11 furnishing any product or commodity within this State as of 12 July 1, 1921 and not possessing a certificate of public 13 convenience and necessity from the Illinois Commerce 14 Commission, the State Public Utilities Commission or the 15 Public Utilities Commission, at the time this amendatory Act 16 of 1985 goes into effect, shall transact any business in this 17 State until it shall have obtained a certificate from the 18 Commission that public convenience and necessity require the 19 transaction of such business. 20 (b) No public utility shall begin the construction of 21 any new plant, equipment, property or facility which is not 22 in substitution of any existing plant, equipment, property or 23 facility or any extension or alteration thereof or in 24 addition thereto, unless and until it shall have obtained 25 from the Commission a certificate that public convenience and 26 necessity require such construction. Whenever after a hearing 27 the Commission determines that any new construction or the 28 transaction of any business by a public utility will promote 29 the public convenience and is necessary thereto, it shall 30 have the power to issue certificates of public convenience 31 and necessity. The Commission shall determine that proposed -2- LRB093 05983 JLS 06084 b 1 construction will promote the public convenience and 2 necessity only if the utility demonstrates: (1) that the 3 proposed construction is necessary to provide adequate, 4 reliable, and efficient service to its customers and is the 5 least-cost means of satisfying the service needs of its 6 customers; (2) that the utility is capable of efficiently 7 managing and supervising the construction process and has 8 taken sufficient action to ensure adequate and efficient 9 construction and supervision thereof; and (3) that the 10 utility is capable of financing the proposed construction 11 without significant adverse financial consequences for the 12 utility or its customers. 13 (c) After the effective date of this amendatory Act of 14 1987, no construction shall commence on any new nuclear power 15 plant to be located within this State, and no certificate of 16 public convenience and necessity or other authorization shall 17 be issued therefor by the Commission, until the Director of 18 the Illinois Environmental Protection Agency finds that the 19 United States Government, through its authorized agency, has 20 identified and approved a demonstrable technology or means 21 for the disposal of high level nuclear waste, or until such 22 construction has been specifically approved by a statute 23 enacted by the General Assembly. 24 As used in this Section, "high level nuclear waste" means 25 those aqueous wastes resulting from the operation of the 26 first cycle of the solvent extraction system or equivalent 27 and the concentrated wastes of the subsequent extraction 28 cycles or equivalent in a facility for reprocessing 29 irradiated reactor fuel and shall include spent fuel 30 assemblies prior to fuel reprocessing. 31 (d) In making its determination, the Commission shall 32 attach primary weight to the cost or cost savings to the 33 customers of the utility. The Commission may consider any or 34 all factors which will or may affect such cost or cost -3- LRB093 05983 JLS 06084 b 1 savings. 2 (e) The Commission may issue a temporary certificate 3 which shall remain in force not to exceed one year in cases 4 of emergency, to assure maintenance of adequate service or to 5 serve particular customers, without notice or hearing, 6 pending the determination of an application for a 7 certificate, and may by regulation exempt from the 8 requirements of this Section temporary acts or operations for 9 which the issuance of a certificate will not be required in 10 the public interest. 11 A public utility shall not be required to obtain but may 12 apply for and obtain a certificate of public convenience and 13 necessity pursuant to this Section with respect to any matter 14 as to which it has received the authorization or order of the 15 Commission under the Electric Supplier Act, and any such 16 authorization or order granted a public utility by the 17 Commission under that Act shall as between public utilities 18 be deemed to be, and shall have except as provided in that 19 Act the same force and effect as, a certificate of public 20 convenience and necessity issued pursuant to this Section. 21 No electric cooperative shall be made or shall become a 22 party to or shall be entitled to be heard or to otherwise 23 appear or participate in any proceeding initiated under this 24 Section for authorization of power plant construction and as 25 to matters as to which a remedy is available under The 26 Electric Supplier Act. 27 (f) Such certificates may be altered or modified by the 28 Commission, upon its own motion or upon application by the 29 person or corporation affected. Unless exercised within a 30 period of 2 years from the grant thereof authority conferred 31 by a certificate of convenience and necessity issued by the 32 Commission shall be null and void. 33 No certificate of public convenience and necessity shall 34 be construed as granting a monopoly or an exclusive -4- LRB093 05983 JLS 06084 b 1 privilege, immunity or franchise. 2 (g) The construction and operation of any facility by a 3 public utility shall be subject to and comply with all local 4 regulations of the units of local government in which it is 5 located, including, but not limited to, zoning and building 6 codes, to the extent the facility or matters are not under 7 the jurisdiction of the Commission. In particular, and 8 without limitation to the foregoing, nothing in this 9 subsection relieves a public utility from obtaining site 10 approval from a municipality if the site is located within 11 the municipality or within the municipality's planning 12 jurisdiction, or from the county if not within a municipality 13 or within a municipal planning jurisdiction, regarding the 14 design and impact of the facility upon surrounding 15 properties. The local jurisdiction, however, shall not 16 impose or require restrictions that effectively prevent the 17 construction of a facility under the jurisdiction of the 18 Commission. It is expressly the intent of this subsection 19 that a local jurisdiction shall have the ability to regulate 20 the means and methods of construction including, but not 21 limited to, requiring reasonable landscaping and berming, 22 dedications, and other restrictions related to the operation 23 of a public utility facility including, but not limited to, 24 lighting, setbacks, height, and construction materials. 25 (Source: P.A. 90-561, eff. 12-16-97.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.