HB0576 EnrolledLRB098 03406 AMC 33421 b

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
5Section 9-201 as follows:
 
6    (220 ILCS 5/9-201)  (from Ch. 111 2/3, par. 9-201)
7    Sec. 9-201. (a) Unless the Commission otherwise orders, and
8except as otherwise provided in this Section, no change shall
9be made by any public utility in any rate or other charge or
10classification, or in any rule, regulation, practice or
11contract relating to or affecting any rate or other charge,
12classification or service, or in any privilege or facility,
13except after 45 days' notice to the Commission and to the
14public as herein provided. Such notice shall be given by filing
15with the Commission and keeping open for public inspection new
16schedules or supplements stating plainly the change or changes
17to be made in the schedule or schedules then in force, and the
18time when the change or changes will go into effect, and by
19publication in a newspaper of general circulation or such other
20notice to persons affected by such change as may be prescribed
21by rule of the Commission. The Commission, for good cause
22shown, may allow changes without requiring the 45 days' notice
23herein provided for, by an order specifying the changes so to

 

 

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1be made and the time when they shall take effect and the manner
2in which they shall be filed and published.
3    When any change is proposed in any rate or other charge, or
4classification, or in any rule, regulation, practice, or
5contract relating to or affecting any rate or other charge,
6classification or service, or in any privilege or facility,
7such proposed change shall be plainly indicated on the new
8schedule filed with the Commission, by some character to be
9designated by the Commission, immediately preceding or
10following the item.
11    When any public utility providing water or sewer service
12proposes any change in any rate or other charge, or
13classification, or in any rule, regulation, practice, or
14contract relating to or affecting any rate or other charge,
15classification or service, or in any privilege or facility,
16such utility shall, in addition to the other notice
17requirements of this Act, provide notice of such change to all
18customers potentially affected by including a notice and
19description of such change, and of Commission procedures for
20intervention, in the first bill sent to each such customer
21after the filing of the proposed change.
22    For water or sewer utilities with greater than 15,000 total
23customers, the following notice requirements are applicable,
24in addition to the other notice requirements of this Act:
25        (1) As a separate bill insert, an initial notice in the
26    first bill sent to all customers potentially affected by

 

 

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1    the proposed change after the filing of the proposed change
2    shall include:
3            (A) the approximate date when the change or changes
4        shall go into effect assuming the Commission utilizes
5        the 11-month process as described in this Section;
6            (B) a statement indicating that the estimated bill
7        impact may vary based on multiple factors, including,
8        but not limited to, meter size, usage volume, and the
9        fire protection district;
10            (C) the water or sewer utility's customer service
11        number or other number as may be appropriate where an
12        authorized agent of the water or sewer utility can
13        explain how the proposed increase might impact an
14        individual customer's bill;
15            (D) if the proposed change involves a change from a
16        flat to a volumetric rate, an explanation of volumetric
17        rate;
18            (E) a reference to the water or sewer utility's
19        website where customers can find tips on water
20        conservation; and
21            (F) for customers receiving both water and sewer
22        service from a utility and if the customer has an
23        option to install a separate meter for irrigation to
24        mitigate sewer charges, an explanation of the water and
25        sewer utility's and the customer's responsibilities
26        for installation of a separate meter if such a change

 

 

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1        is approved.
2        (2) A second notice to all customers shall be included
3    on the first bill after the Commission suspends the tariffs
4    initiating the rate case.
5        (3) Final notice of such change shall be sent to all
6    customers potentially affected by the proposed change by
7    including information required under this paragraph (3)
8    with the first bill after the effective date of the rates
9    approved by the Final Order of the Commission in a rate
10    case. The notice shall include the following:
11            (A) the date when the change or changes went into
12        effect;
13            (B) the water or sewer utility's customer service
14        number or other number as may be appropriate where an
15        authorized agent of the water or sewer utility can
16        explain how the proposed increase might impact an
17        individual customer's bill;
18            (C) an explanation that usage shall now be charged
19        at a volumetric rate rather than a flat rate, if
20        applicable;
21            (D) a reference to the water or sewer utility's
22        website where the customer can find tips on water
23        conservation; and
24            (E) for customers receiving both water and sewer
25        service from a utility and if the customer has an
26        option to install a separate meter for irrigation to

 

 

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1        mitigate sewer charges, an explanation of the water and
2        sewer utility's and the customer's responsibilities
3        for installation of a separate meter if such a change
4        is approved.
5    (b) Whenever there shall be filed with the Commission any
6schedule stating an individual or joint rate or other charge,
7classification, contract, practice, rule or regulation, the
8Commission shall have power, and it is hereby given authority,
9either upon complaint or upon its own initiative without
10complaint, at once, and if it so orders, without answer or
11other formal pleadings by the interested public utility or
12utilities, but upon reasonable notice, to enter upon a hearing
13concerning the propriety of such rate or other charge,
14classification, contract, practice, rule or regulation, and
15pending the hearing and decision thereon, such rate or other
16charge, classification, contract, practice, rule or regulation
17shall not go into effect. The period of suspension of such rate
18or other charge, classification, contract, practice, rule or
19regulation shall not extend more than 105 days beyond the time
20when such rate or other charge, classification, contract,
21practice, rule or regulation would otherwise go into effect
22unless the Commission, in its discretion, extends the period of
23suspension for a further period not exceeding 6 months.
24    All rates or other charges, classifications, contracts,
25practices, rules or regulations not so suspended shall, on the
26expiration of 45 days from the time of filing the same with the

 

 

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1Commission, or of such lesser time as the Commission may grant,
2go into effect and be the established and effective rates or
3other charges, classifications, contracts, practices, rules
4and regulations, subject to the power of the Commission, after
5a hearing had on its own motion or upon complaint, as herein
6provided, to alter or modify the same.
7    Within 30 days after such changes have been authorized by
8the Commission, copies of the new or revised schedules shall be
9posted or filed in accordance with the terms of Section 9-103
10of this Act, in such a manner that all changes shall be plainly
11indicated. The Commission shall incorporate into the period of
12suspension a review period of 4 business days during which the
13Commission may review and determine whether the new or revised
14schedules comply with the Commission's decision approving a
15change to the public utility's rates. Such review period shall
16not extend the suspension period by more than 2 days. Absent
17notification to the contrary within the 4 business day period,
18the new or revised schedules shall be deemed approved.
19    (c) If the Commission enters upon a hearing concerning the
20propriety of any proposed rate or other charge, classification,
21contract, practice, rule or regulation, the Commission shall
22establish the rates or other charges, classifications,
23contracts, practices, rules or regulations proposed, in whole
24or in part, or others in lieu thereof, which it shall find to
25be just and reasonable. In such hearing, the burden of proof to
26establish the justness and reasonableness of the proposed rates

 

 

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1or other charges, classifications, contracts, practices, rules
2or regulations, in whole and in part, shall be upon the
3utility. The utility, the staff of the Commission, the Attorney
4General, or any party to a proceeding initiated under this
5Section who has been granted intervenor status and submitted a
6post-hearing brief must be given the opportunity to present
7oral argument, if requested no later than the date for filing
8exceptions, on the propriety of any proposed rate or other
9charge, classification, contract, practice, rule, or
10regulation. No rate or other charge, classification, contract,
11practice, rule or regulation shall be found just and reasonable
12unless it is consistent with Sections of this Article.
13    (d) Except where compliance with Section 8-401 of this Act
14is of urgent and immediate concern, no representative of a
15public utility may discuss with a commissioner, commissioner's
16assistant, or hearing examiner in a non-public setting a
17planned filing for a general rate increase. If a public utility
18makes a filing under this Section, then no substantive
19communication by any such person with a commissioner,
20commissioner's assistant or hearing examiner concerning the
21filing is permitted until a notice of hearing has been issued.
22After the notice of hearing has been issued, the only
23communications by any such person with a commissioner,
24commissioner's assistant, or hearing examiner concerning the
25filing permitted are communications permitted under Section
2610-103 of this Act. If any such communication does occur, then

 

 

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1within 5 days of the docket being initiated all details
2relating to the communication shall be placed on the public
3record of the proceeding. The record shall include any
4materials, whether written, recorded, filmed, or graphic in
5nature, produced or reproduced on any media, used in connection
6with the communication. The record shall reflect the names of
7all persons who transmitted, received, or were otherwise
8involved in the communication, the duration of the
9communication, and whether the communication occurred in
10person or by other means. In the case of an oral communication,
11the record shall also reflect the location or locations of all
12persons involved in the communication and, if the communication
13occurred by telephone, the telephone numbers for the callers
14and recipients of the communication. A commissioner,
15commissioner's assistant, or hearing examiner who is involved
16in any such communication shall be recused from the affected
17proceeding. The Commission, or any commissioner or hearing
18examiner presiding over the proceeding shall, in the event of a
19violation of this Section, take action necessary to ensure that
20such violation does not prejudice any party or adversely affect
21the fairness of the proceedings including dismissing the
22affected proceeding. Nothing in this subsection (d) is intended
23to preclude otherwise allowable updates on issues that may be
24indirectly related to a general rate case filing because cost
25recovery for the underlying activity may be requested. Such
26updates may include, without limitation, issues related to

 

 

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1outages and restoration, credit ratings, security issuances,
2reliability, Federal Energy Regulatory Commission matters,
3Federal Communications Commission matters, regional
4reliability organizations, consumer education, or labor
5matters, provided that such updates may not include cost
6recovery in a planned rate case.
7(Source: P.A. 96-33, eff. 7-10-09.)