Rep. Karen May
Filed: 5/13/2011
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1 | AMENDMENT TO HOUSE BILL 14
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2 | AMENDMENT NO. ______. Amend House Bill 14, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Public Utilities Act is amended by changing | ||||||
6 | Section 9-201 and by adding Sections 9-220.3 and 9-228 as | ||||||
7 | follows:
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8 | (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
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9 | Sec. 9-201.
(a) Unless the Commission otherwise orders, and | ||||||
10 | except as
otherwise provided in this Section, no change shall | ||||||
11 | be made by any
public utility in any rate or other charge or | ||||||
12 | classification, or in any
rule, regulation, practice or | ||||||
13 | contract relating to or affecting any rate
or other charge, | ||||||
14 | classification or service, or in any privilege or
facility, | ||||||
15 | except after 45 days' notice to the Commission and to the
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16 | public as herein provided. Such notice shall be given by filing |
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1 | with
the Commission and keeping open for public inspection new | ||||||
2 | schedules or
supplements stating plainly the change or changes | ||||||
3 | to be made in the
schedule or schedules then in force, and the | ||||||
4 | time when the change or
changes will go into effect, and by | ||||||
5 | publication in a newspaper of
general circulation or such other | ||||||
6 | notice to persons affected by such
change as may be prescribed | ||||||
7 | by rule of the Commission. The Commission,
for good cause | ||||||
8 | shown, may allow changes without requiring the 45 days'
notice | ||||||
9 | herein provided for, by an order specifying the changes so to | ||||||
10 | be
made and the time when they shall take effect and the manner | ||||||
11 | in which
they shall be filed and published.
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12 | When any change is proposed in any rate or other charge, or
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13 | classification, or in any rule, regulation, practice, or | ||||||
14 | contract
relating to or affecting any rate or other charge, | ||||||
15 | classification or
service, or in any privilege or facility, | ||||||
16 | such proposed change shall be
plainly indicated on the new | ||||||
17 | schedule filed with the Commission, by some
character to be | ||||||
18 | designated by the Commission, immediately preceding or
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19 | following the item.
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20 | When any public utility providing water or sewer service | ||||||
21 | proposes any
change in any rate or other charge, or | ||||||
22 | classification, or in any rule,
regulation, practice, or | ||||||
23 | contract relating to or affecting any rate or
other charge, | ||||||
24 | classification or service, or in any privilege or facility,
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25 | such utility shall, in addition to the other notice | ||||||
26 | requirements of this
Act, provide notice of such change to all |
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1 | customers potentially affected by
including a notice and | ||||||
2 | description of such change, and of Commission
procedures for | ||||||
3 | intervention, in the first bill sent to each such customer
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4 | after the filing of the proposed change.
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5 | (b) Whenever there shall be filed with the Commission any | ||||||
6 | schedule
stating an individual or joint rate or other charge, | ||||||
7 | classification,
contract, practice, rule or regulation, the | ||||||
8 | Commission shall have power,
and it is hereby given authority, | ||||||
9 | either upon complaint or upon its own
initiative without | ||||||
10 | complaint, at once, and if it so orders, without
answer or | ||||||
11 | other formal pleadings by the interested public utility or
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12 | utilities, but upon reasonable notice, to enter upon a hearing
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13 | concerning the propriety of such rate or other charge, | ||||||
14 | classification,
contract, practice, rule or regulation, and | ||||||
15 | pending the hearing and
decision thereon, such rate or other | ||||||
16 | charge, classification, contract,
practice, rule or regulation | ||||||
17 | shall not go into effect. The period of
suspension of such rate | ||||||
18 | or other charge, classification, contract,
practice, rule or | ||||||
19 | regulation shall not extend more than 105 days beyond
the time | ||||||
20 | when such rate or other charge, classification, contract,
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21 | practice, rule or regulation would otherwise go into effect | ||||||
22 | unless the
Commission, in its discretion, extends the period of | ||||||
23 | suspension for a
further period of not exceeding 6 months. The | ||||||
24 | Commission may further extend this suspension period for a | ||||||
25 | period equivalent to the length of any delay that the | ||||||
26 | Commission finds to have been caused by the applicant's failure |
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1 | to provide data or information requested by the Commission or | ||||||
2 | that the Commission ordered the applicant to provide to the | ||||||
3 | parties.
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4 | All rates or other charges, classifications, contracts, | ||||||
5 | practices, rules or
regulations not so suspended shall, on the | ||||||
6 | expiration of 45 days from
the time of filing the same with the | ||||||
7 | Commission, or of such lesser time
as the Commission may grant, | ||||||
8 | go into effect and be the established and
effective rates or | ||||||
9 | other charges, classifications, contracts, practices,
rules | ||||||
10 | and regulations, subject to the power of the Commission, after | ||||||
11 | a
hearing had on its own motion or upon complaint, as herein | ||||||
12 | provided, to
alter or modify the same.
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13 | Within 30 days after such changes have been
authorized by | ||||||
14 | the Commission, copies of the new or revised schedules
shall be | ||||||
15 | posted or filed in accordance with the terms of Section 9-103 | ||||||
16 | of
this Act, in such a manner that all changes shall be plainly | ||||||
17 | indicated. The Commission shall incorporate into the period of | ||||||
18 | suspension a review period of 4 business days during which the | ||||||
19 | Commission may review and determine whether the new or revised | ||||||
20 | schedules comply with the Commission's decision approving a | ||||||
21 | change to the public utility's rates. Such review period shall | ||||||
22 | not extend the suspension period by more than 2 days. Absent | ||||||
23 | notification to the contrary within the 4 business day period, | ||||||
24 | the new or revised schedules shall be deemed approved.
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25 | (c) If the Commission enters upon a hearing concerning the | ||||||
26 | propriety of
any proposed rate or other charge, classification, |
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1 | contract, practice, rule
or regulation, the Commission shall | ||||||
2 | establish the rates or other charges,
classifications, | ||||||
3 | contracts, practices, rules or regulations proposed, in
whole | ||||||
4 | or in part, or others in lieu thereof, which it shall find to | ||||||
5 | be just
and reasonable. In such hearing, the burden of proof to | ||||||
6 | establish the justness
and reasonableness of the proposed rates | ||||||
7 | or other charges, classifications,
contracts, practices, rules | ||||||
8 | or regulations, in whole and in part, shall be
upon the | ||||||
9 | utility. The utility, the staff of the Commission, the Attorney | ||||||
10 | General, or any party to a proceeding initiated under this | ||||||
11 | Section who has been granted intervenor status and submitted a | ||||||
12 | post-hearing brief must be given the opportunity to present | ||||||
13 | oral argument, if requested no later than the date for filing | ||||||
14 | exceptions, on the propriety of any proposed rate or other | ||||||
15 | charge, classification, contract, practice, rule, or | ||||||
16 | regulation. No rate or other charge, classification, contract,
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17 | practice, rule or regulation shall be found just and reasonable | ||||||
18 | unless it
is consistent with Sections of this Article. | ||||||
19 | (d) Except where compliance with Section 8-401 of this Act | ||||||
20 | is of urgent and immediate concern, no representative of a | ||||||
21 | public utility may discuss with a commissioner, commissioner's | ||||||
22 | assistant, or hearing examiner in a non-public setting a | ||||||
23 | planned filing for a general rate increase. If a public utility | ||||||
24 | makes a filing under this Section, then no substantive | ||||||
25 | communication by any such person with a commissioner, | ||||||
26 | commissioner's assistant or hearing examiner concerning the |
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1 | filing is permitted until a notice of hearing has been issued. | ||||||
2 | After the notice of hearing has been issued, the only | ||||||
3 | communications by any such person with a commissioner, | ||||||
4 | commissioner's assistant, or hearing examiner concerning the | ||||||
5 | filing permitted are communications permitted under Section | ||||||
6 | 10-103 of this Act. If any such communication does occur, then | ||||||
7 | within 5 days of the docket being initiated all details | ||||||
8 | relating to the communication shall be placed on the public | ||||||
9 | record of the proceeding. The record shall include any | ||||||
10 | materials, whether written, recorded, filmed, or graphic in | ||||||
11 | nature, produced or reproduced on any media, used in connection | ||||||
12 | with the communication. The record shall reflect the names of | ||||||
13 | all persons who transmitted, received, or were otherwise | ||||||
14 | involved in the communication, the duration of the | ||||||
15 | communication, and whether the communication occurred in | ||||||
16 | person or by other means. In the case of an oral communication, | ||||||
17 | the record shall also reflect the location or locations of all | ||||||
18 | persons involved in the communication and, if the communication | ||||||
19 | occurred by telephone, the telephone numbers for the callers | ||||||
20 | and recipients of the communication. A commissioner, | ||||||
21 | commissioner's assistant, or hearing examiner who is involved | ||||||
22 | in any such communication shall be recused from the affected | ||||||
23 | proceeding. The Commission, or any commissioner or hearing | ||||||
24 | examiner presiding over the proceeding shall, in the event of a | ||||||
25 | violation of this Section, take action necessary to ensure that | ||||||
26 | such violation does not prejudice any party or adversely affect |
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1 | the fairness of the proceedings including dismissing the | ||||||
2 | affected proceeding. Nothing in this subsection (d) is intended | ||||||
3 | to preclude otherwise allowable updates on issues that may be | ||||||
4 | indirectly related to a general rate case filing because cost | ||||||
5 | recovery for the underlying activity may be requested. Such | ||||||
6 | updates may include, without limitation, issues related to | ||||||
7 | outages and restoration, credit ratings, security issuances, | ||||||
8 | reliability, Federal Energy Regulatory Commission matters, | ||||||
9 | Federal Communications Commission matters, regional | ||||||
10 | reliability organizations, consumer education, or labor | ||||||
11 | matters, provided that such updates may not include cost | ||||||
12 | recovery in a planned rate case.
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13 | (Source: P.A. 96-33, eff. 7-10-09.)
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14 | (220 ILCS 5/9-220.3 new) | ||||||
15 | Sec. 9-220.3. Electric utility infrastructure enhancement | ||||||
16 | cost recovery mechanism. | ||||||
17 | (a) If the Commission finds that substantial investments | ||||||
18 | are needed to refurbish, rebuild, modernize, expand, or create | ||||||
19 | systems to maintain or improve upon a utility's ability to | ||||||
20 | provide safe, reliable, high-quality, and affordable electric | ||||||
21 | service to the State's current and future utility customers, | ||||||
22 | then the Commission may encourage such investments by | ||||||
23 | authorizing utilities to recover such investments, including a | ||||||
24 | reasonable return on such investments, if they are reasonably | ||||||
25 | and prudently incurred, through special cost-tracking |
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1 | mechanisms, as further defined in this Section. For purposes of | ||||||
2 | this Section, systems to maintain or improve upon a utility's | ||||||
3 | ability to provide safe, reliable, high-quality, and | ||||||
4 | affordable electric service to the State's current and future | ||||||
5 | utility customers may include, but need not be limited to, | ||||||
6 | innovative technologies and infrastructure expected to enhance | ||||||
7 | customers' control over their energy consumption, better | ||||||
8 | identify and control outages, and lead to more widespread or | ||||||
9 | efficient use of distributed generation, renewable energy, | ||||||
10 | energy efficiency, demand response, and other energy | ||||||
11 | resources. | ||||||
12 | (b) To be eligible to recover investments pursuant to the | ||||||
13 | special cost-tracking mechanism, a utility must submit to the | ||||||
14 | Commission a petition, which must include the following: | ||||||
15 | (1) A description of the utility's plans to refurbish, | ||||||
16 | rebuild, modernize, expand, or create systems to maintain | ||||||
17 | or improve upon the utility's ability to provide safe, | ||||||
18 | reliable, high-quality, and affordable electric service to | ||||||
19 | the State's current and future utility customers. This plan | ||||||
20 | description must include estimated investments for each | ||||||
21 | element of the plan, the changes that would be made to | ||||||
22 | existing systems, and the new systems that would be | ||||||
23 | created, an explanation of how such changes and additions | ||||||
24 | would be used and useful for maintaining or improving upon | ||||||
25 | a utility's ability to provide safe, reliable, | ||||||
26 | high-quality, and affordable electric service to the |
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1 | State's current and future utility customers, and a present | ||||||
2 | value of future revenue requirements study that shows a | ||||||
3 | cost comparison between each element of the plan and all | ||||||
4 | reasonable alternatives. | ||||||
5 | (2) A description and quantification, to the extent | ||||||
6 | possible, of the risks involved both in carrying out the | ||||||
7 | plan and in not carrying out the plan. | ||||||
8 | (3) The proposed formula or formulas that would be | ||||||
9 | utilized to compute the rates through which investments | ||||||
10 | would be recovered, which shall include a true-up provision | ||||||
11 | from the prior period's under or over collection of costs. | ||||||
12 | (4) The proposed accounting system and protocols that | ||||||
13 | would be utilized to distinguish between expenses and | ||||||
14 | investments recovered through existing rate mechanisms and | ||||||
15 | expenses and investments that would be recovered through | ||||||
16 | the proposed special cost-tracking mechanism. | ||||||
17 | (5) A report on the expected impact of the utility's | ||||||
18 | plans on economic development, State and local tax | ||||||
19 | revenues, and net job creation within Illinois. | ||||||
20 | (6) The proposed reports through which the utility | ||||||
21 | would keep the Commission informed of progress toward | ||||||
22 | refurbishing, rebuilding, modernizing, expanding, or | ||||||
23 | creating systems, as identified in the plans described in | ||||||
24 | relation to paragraph (1), as well as all material changes | ||||||
25 | to those plans. | ||||||
26 | (7) Schedules, showing key dates for implementation of |
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1 | the plan, establishment of the special cost-tracking | ||||||
2 | mechanism, submittal of proposed reports, and the updating | ||||||
3 | of formulas. | ||||||
4 | (8) Any other information that the utility believes | ||||||
5 | necessary to establish the appropriateness of its plans and | ||||||
6 | its proposed special cost-tracking mechanism. | ||||||
7 | (9) Verified statements of qualified experts, | ||||||
8 | attesting to the veracity of the information contained in | ||||||
9 | the petition, and to the likelihood of implementing the | ||||||
10 | plan and the proposed special cost-tracking mechanism | ||||||
11 | within the time frame specified in the proposed schedules. | ||||||
12 | (c) The Commission shall issue an order with respect to a | ||||||
13 | special cost-tracking mechanism pursuant to this Section no | ||||||
14 | more than 330 days following receipt of a petition filed | ||||||
15 | pursuant to subsection (b) of this Section. The Commission | ||||||
16 | shall enter an order approving a utility's proposed special | ||||||
17 | cost-tracking mechanism, with or without modifications, as | ||||||
18 | well as an implementation schedule, if it finds that: | ||||||
19 | (1) The utility's plans to refurbish, rebuild, | ||||||
20 | modernize, expand, or create systems are feasible, | ||||||
21 | necessary to maintain or improve upon the utility's ability | ||||||
22 | to provide safe, reliable, high-quality, and affordable | ||||||
23 | electric service to the State's current and future utility | ||||||
24 | customers, and are the least-cost means of achieving those | ||||||
25 | results. | ||||||
26 | (2) The benefits of the utility's plan, in terms of its |
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1 | ability to maintain or improve upon a utility's ability to | ||||||
2 | provide safe, reliable, high-quality, and affordable | ||||||
3 | electric service to the State's current and future utility | ||||||
4 | customers are likely to exceed the plan's costs or the | ||||||
5 | risks involved in not carrying out the plan exceed those of | ||||||
6 | carrying out the plan. | ||||||
7 | (3) The special cost-tracking mechanism adopted in the | ||||||
8 | order, including any formulas, accounting systems, or | ||||||
9 | rates of return, or reconciliation procedures embedded | ||||||
10 | within the mechanism: | ||||||
11 | (A) includes only capitalized infrastructure | ||||||
12 | investments; | ||||||
13 | (B) includes a rate of return on common equity that | ||||||
14 | evaluates the relative risk of cost recovery through | ||||||
15 | the cost-tracking mechanism in comparison to the risk | ||||||
16 | of recovery through base rates; | ||||||
17 | (C) includes provisions for an annual | ||||||
18 | reconciliation of amounts collected from a surcharge | ||||||
19 | pursuant to this special cost-tracking mechanism with | ||||||
20 | the actual, prudently incurred, and just and | ||||||
21 | reasonable costs recoverable for each annual period | ||||||
22 | during which the surcharge was in effect; | ||||||
23 | (D) includes an offset for savings that are | ||||||
24 | realized as a result of the infrastructure investment | ||||||
25 | program for the relevant period; | ||||||
26 | (E) includes provisions for an annual internal |
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1 | audit that includes, but is not limited to, a | ||||||
2 | determination of whether the costs recovered through | ||||||
3 | this special cost-tracking mechanism are recovered | ||||||
4 | through other approved tariffs, whether the surcharge | ||||||
5 | is properly billed to customers in the correct time | ||||||
6 | periods, whether the applicable costs and revenues are | ||||||
7 | properly identified and recorded; | ||||||
8 | (F) is expected to provide an adequate incentive | ||||||
9 | for the utility to carry out its plans to refurbish, | ||||||
10 | rebuild, modernize, expand, or create systems | ||||||
11 | necessary to maintain or improve upon the utility's | ||||||
12 | ability to provide safe, reliable, high-quality, and | ||||||
13 | affordable electric service to the State's current and | ||||||
14 | future utility customers; | ||||||
15 | (G) is to be applied to all delivery service | ||||||
16 | customers of the utility; and | ||||||
17 | (H) is otherwise just and reasonable, and in the | ||||||
18 | interests of both the utility and the utility's | ||||||
19 | customers. | ||||||
20 | (4) It is likely that the plan and the special | ||||||
21 | cost-tracking mechanism adopted in the order can be | ||||||
22 | implemented in a manner consistent with the implementation | ||||||
23 | schedule adopted by the order. | ||||||
24 | (5) The surcharge that results from the implementation | ||||||
25 | of a special cost-tracking mechanism established pursuant | ||||||
26 | to this Section shall appear as a separate line item on the |
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1 | customer bill. | ||||||
2 | The Commission's order approving a special cost-tracking | ||||||
3 | mechanism and its implementation schedule, may further include | ||||||
4 | requirements for periodic reporting related to the utility's | ||||||
5 | plans or the special cost-tracking mechanism adopted in the | ||||||
6 | order. | ||||||
7 | If the Commission is unable to make all of the findings | ||||||
8 | specified in paragraphs (1) through (5) of this subsection (c), | ||||||
9 | then the Commission shall enter an order denying the utility's | ||||||
10 | request to establish a special cost-tracking mechanism | ||||||
11 | pursuant to this Section, and such order shall be considered to | ||||||
12 | be a final order of the Commission subject to petitions for | ||||||
13 | rehearing and appellate procedures. | ||||||
14 | (d) Following the date of an order approving a special | ||||||
15 | cost-tracking mechanism for a utility, a utility shall have 14 | ||||||
16 | days to notify the Commission in writing whether it will accept | ||||||
17 | any modifications so identified in the order or whether it has | ||||||
18 | elected not to proceed with the special cost-tracking | ||||||
19 | mechanism. If the utility notifies the Commission that it will | ||||||
20 | accept such modifications, then the Commission shall issue an | ||||||
21 | amended order, without further hearing, within 14 days | ||||||
22 | following such notification, approving the program as | ||||||
23 | modified, and such order shall be considered to be a final | ||||||
24 | order of the Commission subject to petitions for rehearing and | ||||||
25 | appellate procedures. | ||||||
26 | (e) Upon 45 days' notice, a utility that is employing a |
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1 | special cost-tracking mechanism pursuant to this Section may | ||||||
2 | cancel or suspend the mechanism, without the approval of the | ||||||
3 | Commission. | ||||||
4 | (f) If a utility is recovering costs through a special | ||||||
5 | cost-tracking mechanism, approved pursuant to this Section, | ||||||
6 | after a period of 3 years after the effective date of the | ||||||
7 | mechanism, then the Commission may, on its own motion (1) | ||||||
8 | initiate a proceeding to consider whether the utility is | ||||||
9 | achieving the goals of its original plan, or any subsequently | ||||||
10 | modified plans, to refurbish, rebuild, modernize, expand, or | ||||||
11 | create systems to maintain or improve upon the utility's | ||||||
12 | ability to provide safe, reliable, high-quality, and | ||||||
13 | affordable electric service to the State's current and future | ||||||
14 | utility customers or (2) initiate a proceeding to consider | ||||||
15 | whether subsequently modified plans continue to be in the best | ||||||
16 | interest of the State's current and future utility customers. | ||||||
17 | If the Commission enters an order, following a hearing process, | ||||||
18 | finding that the utility's plans are no longer effective in | ||||||
19 | achieving their goals, or are no longer in the best interest of | ||||||
20 | the State's current and future utility customers, then the | ||||||
21 | Commission may direct the utility to take one of the following | ||||||
22 | actions, at the choice of the utility: | ||||||
23 | (1) The utility may prepare and file with the | ||||||
24 | Commission, within a period of 12 months after the date of | ||||||
25 | the Commission's order, a general rate case pursuant to | ||||||
26 | Section 9-201. When the rates pursuant to that filing go |
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1 | into effect, the utility's special cost-tracking mechanism | ||||||
2 | pursuant to this Section shall be cancelled. | ||||||
3 | (2) The utility may request Commission approval to | ||||||
4 | cancel its special cost-tracking mechanism, within a | ||||||
5 | period of not more than 45 days from the date of the | ||||||
6 | Commission's order. | ||||||
7 | (g) There shall be a rebuttable presumption that any actual | ||||||
8 | expenditures and investments identified within special | ||||||
9 | cost-tracking mechanisms approved pursuant to this Section | ||||||
10 | were prudently incurred by the utility. However, if the | ||||||
11 | Commission enters an order, following a hearing process, | ||||||
12 | pursuant to subsection (f) of this Section, finding that the | ||||||
13 | utility's plans are no longer effective in achieving their | ||||||
14 | goals, or are no longer in the best interest of the State's | ||||||
15 | current and future utility customers, and the utility's special | ||||||
16 | cost-tracking mechanism is subsequently cancelled or | ||||||
17 | suspended, then the rebuttable presumption otherwise afforded | ||||||
18 | by this subsection (g) shall not apply to costs that have not | ||||||
19 | already been found prudent by the Commission in an annual | ||||||
20 | reconciliation proceeding pursuant to subparagraph (D) of | ||||||
21 | paragraph (3) of subsection (c) of this Section. | ||||||
22 | (h) The Commission may adopt rules to implement the | ||||||
23 | provisions of this Section. | ||||||
24 | (220 ILCS 5/9-228 new) | ||||||
25 | Sec. 9-228. Recovery of various costs through rates.
In |
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1 | any rate requested by any gas, electric, water, or sewer | ||||||
2 | utility company under the provisions of this Act, the following | ||||||
3 | costs shall be considered recoverable through rates if the | ||||||
4 | Commission determines that the costs are prudent, just, | ||||||
5 | reasonable, and consistent with Commission practice and law: | ||||||
6 | (1) incentive compensation expense that is based on the | ||||||
7 | achievement of operational metrics, including metrics | ||||||
8 | related to outage duration and frequency, safety, customer | ||||||
9 | service, efficiency and productivity, and environmental | ||||||
10 | compliance, but not metrics based on net income or an | ||||||
11 | affiliate's earnings per share; | ||||||
12 | (2) pension and other post-employment benefits expense | ||||||
13 | based on actual costs incurred for the applicable calendar | ||||||
14 | year, provided that such costs are supported by an | ||||||
15 | actuarial study; | ||||||
16 | (3) an investment return on the unamortized | ||||||
17 | discretionary pension contributions net of deferred tax | ||||||
18 | benefits equal to the utility's long-term debt cost | ||||||
19 | component of the applicable Commission-approved cost of | ||||||
20 | capital; however, in no case shall the cost associated with | ||||||
21 | the allowed investment return be greater than the benefit | ||||||
22 | ratepayers receive from the discretionary pension | ||||||
23 | contribution; | ||||||
24 | (4) severance costs amortized over a period that is | ||||||
25 | consistent with savings resulting from the severance; | ||||||
26 | (5) regulatory assets previously approved by the |
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1 | Commission; | ||||||
2 | (6) costs related to a Commission proceeding to approve | ||||||
3 | a mechanism under Section 9-244 or 9-220.3 of this Act, | ||||||
4 | amortized over a 3-year period; and | ||||||
5 | (7) costs related to annual reconciliation Commission | ||||||
6 | proceedings of mechanisms approved under Section 9-244 and | ||||||
7 | 9-220.3 of this Act.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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