Rep. Esther Golar

Filed: 4/15/2013

 

 


 

 


 
09800HB0576ham003LRB098 03406 JLS 44716 a

1
AMENDMENT TO HOUSE BILL 576

2    AMENDMENT NO. ______. Amend House Bill 576 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1to be made in the schedule or schedules then in force, and the
2time when the change or changes will go into effect, and by
3publication in a newspaper of general circulation or such other
4notice to persons affected by such change as may be prescribed
5by rule of the Commission. The Commission, for good cause
6shown, may allow changes without requiring the 45 days' notice
7herein provided for, by an order specifying the changes so to
8be made and the time when they shall take effect and the manner
9in which they shall be filed and published.
10    When any change is proposed in any rate or other charge, or
11classification, or in any rule, regulation, practice, or
12contract relating to or affecting any rate or other charge,
13classification or service, or in any privilege or facility,
14such proposed change shall be plainly indicated on the new
15schedule filed with the Commission, by some character to be
16designated by the Commission, immediately preceding or
17following the item.
18    When any public utility providing water or sewer service
19proposes any change in any rate or other charge, or
20classification, or in any rule, regulation, practice, or
21contract relating to or affecting any rate or other charge,
22classification or service, or in any privilege or facility,
23such utility shall, in addition to the other notice
24requirements of this Act, provide notice of such change to all
25customers potentially affected by including a notice and
26description of such change, and of Commission procedures for

 

 

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1intervention, in the first bill sent to each such customer
2after the filing of the proposed change.
3    For water or sewer utilities with greater than 15,000 total
4customers, the following notice requirements are applicable,
5in addition to the other notice requirements of this Act:
6        (1) As a separate bill insert, an initial notice in the
7    first bill sent to all customers potentially affected by
8    the proposed change after the filing of the proposed change
9    shall include:
10            (A) the approximate date when the change or changes
11        shall go into effect assuming the Commission utilizes
12        the 11-month process as described in this Section;
13            (B) a statement indicating that the estimated bill
14        impact may vary based on multiple factors, including,
15        but not limited to, meter size, usage volume, and the
16        fire protection district;
17            (C) the water or sewer utility's customer service
18        number or other number as may be appropriate where an
19        authorized agent of the water or sewer utility can
20        explain how the proposed increase might impact an
21        individual customer's bill;
22            (D) if the proposed change involves a change from a
23        flat to a volumetric rate, an explanation of volumetric
24        rate;
25            (E) a reference to the water or sewer utility's
26        website where customers can find tips on water

 

 

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

 

 

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1        applicable;
2            (D) a reference to the water or sewer utility's
3        website where the customer can find tips on water
4        conservation; and
5            (E) for customers receiving both water and sewer
6        service from a utility and if the customer has an
7        option to install a separate meter for irrigation to
8        mitigate sewer charges, an explanation of the water and
9        sewer utility's and the customer's responsibilities
10        for installation of a separate meter if such a change
11        is approved.
12    (b) Whenever there shall be filed with the Commission any
13schedule stating an individual or joint rate or other charge,
14classification, contract, practice, rule or regulation, the
15Commission shall have power, and it is hereby given authority,
16either upon complaint or upon its own initiative without
17complaint, at once, and if it so orders, without answer or
18other formal pleadings by the interested public utility or
19utilities, but upon reasonable notice, to enter upon a hearing
20concerning the propriety of such rate or other charge,
21classification, contract, practice, rule or regulation, and
22pending the hearing and decision thereon, such rate or other
23charge, classification, contract, practice, rule or regulation
24shall not go into effect. The period of suspension of such rate
25or other charge, classification, contract, practice, rule or
26regulation shall not extend more than 105 days beyond the time

 

 

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1when such rate or other charge, classification, contract,
2practice, rule or regulation would otherwise go into effect
3unless the Commission, in its discretion, extends the period of
4suspension for a further period not exceeding 6 months.
5    All rates or other charges, classifications, contracts,
6practices, rules or regulations not so suspended shall, on the
7expiration of 45 days from the time of filing the same with the
8Commission, or of such lesser time as the Commission may grant,
9go into effect and be the established and effective rates or
10other charges, classifications, contracts, practices, rules
11and regulations, subject to the power of the Commission, after
12a hearing had on its own motion or upon complaint, as herein
13provided, to alter or modify the same.
14    Within 30 days after such changes have been authorized by
15the Commission, copies of the new or revised schedules shall be
16posted or filed in accordance with the terms of Section 9-103
17of this Act, in such a manner that all changes shall be plainly
18indicated. The Commission shall incorporate into the period of
19suspension a review period of 4 business days during which the
20Commission may review and determine whether the new or revised
21schedules comply with the Commission's decision approving a
22change to the public utility's rates. Such review period shall
23not extend the suspension period by more than 2 days. Absent
24notification to the contrary within the 4 business day period,
25the new or revised schedules shall be deemed approved.
26    (c) If the Commission enters upon a hearing concerning the

 

 

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1propriety of any proposed rate or other charge, classification,
2contract, practice, rule or regulation, the Commission shall
3establish the rates or other charges, classifications,
4contracts, practices, rules or regulations proposed, in whole
5or in part, or others in lieu thereof, which it shall find to
6be just and reasonable. In such hearing, the burden of proof to
7establish the justness and reasonableness of the proposed rates
8or other charges, classifications, contracts, practices, rules
9or regulations, in whole and in part, shall be upon the
10utility. The utility, the staff of the Commission, the Attorney
11General, or any party to a proceeding initiated under this
12Section who has been granted intervenor status and submitted a
13post-hearing brief must be given the opportunity to present
14oral argument, if requested no later than the date for filing
15exceptions, on the propriety of any proposed rate or other
16charge, classification, contract, practice, rule, or
17regulation. No rate or other charge, classification, contract,
18practice, rule or regulation shall be found just and reasonable
19unless it is consistent with Sections of this Article.
20    (d) Except where compliance with Section 8-401 of this Act
21is of urgent and immediate concern, no representative of a
22public utility may discuss with a commissioner, commissioner's
23assistant, or hearing examiner in a non-public setting a
24planned filing for a general rate increase. If a public utility
25makes a filing under this Section, then no substantive
26communication by any such person with a commissioner,

 

 

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1commissioner's assistant or hearing examiner concerning the
2filing is permitted until a notice of hearing has been issued.
3After the notice of hearing has been issued, the only
4communications by any such person with a commissioner,
5commissioner's assistant, or hearing examiner concerning the
6filing permitted are communications permitted under Section
710-103 of this Act. If any such communication does occur, then
8within 5 days of the docket being initiated all details
9relating to the communication shall be placed on the public
10record of the proceeding. The record shall include any
11materials, whether written, recorded, filmed, or graphic in
12nature, produced or reproduced on any media, used in connection
13with the communication. The record shall reflect the names of
14all persons who transmitted, received, or were otherwise
15involved in the communication, the duration of the
16communication, and whether the communication occurred in
17person or by other means. In the case of an oral communication,
18the record shall also reflect the location or locations of all
19persons involved in the communication and, if the communication
20occurred by telephone, the telephone numbers for the callers
21and recipients of the communication. A commissioner,
22commissioner's assistant, or hearing examiner who is involved
23in any such communication shall be recused from the affected
24proceeding. The Commission, or any commissioner or hearing
25examiner presiding over the proceeding shall, in the event of a
26violation of this Section, take action necessary to ensure that

 

 

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1such violation does not prejudice any party or adversely affect
2the fairness of the proceedings including dismissing the
3affected proceeding. Nothing in this subsection (d) is intended
4to preclude otherwise allowable updates on issues that may be
5indirectly related to a general rate case filing because cost
6recovery for the underlying activity may be requested. Such
7updates may include, without limitation, issues related to
8outages and restoration, credit ratings, security issuances,
9reliability, Federal Energy Regulatory Commission matters,
10Federal Communications Commission matters, regional
11reliability organizations, consumer education, or labor
12matters, provided that such updates may not include cost
13recovery in a planned rate case.
14(Source: P.A. 96-33, eff. 7-10-09.)".