Illinois General Assembly - Full Text of HR0755
Illinois General Assembly

Previous General Assemblies

Full Text of HR0755  97th General Assembly




HR0755LRB097 20129 CEL 65516 r


2    WHEREAS, The 97th Illinois General Assembly passed Senate
3Bill 1533 and House Bill 691 with super-majority votes in both
4legislative chambers; Senate Bill 1533 became law on July 13,
52011 as Public Act 97-96, and House Bill 691 became law on
6December 8, 2011 as Public Act 97-630; and
7    WHEREAS, Public Act 97-96 set forth a detailed framework
8for the development of a clean coal brownfield facility,
9commonly known as the Chicago Clean Energy project, that
10included a provision requiring the Illinois Commerce
11Commission to approve the final sourcing agreements between the
12Chicago Clean Energy project and gas utilities for the purchase
13of substitute natural gas; and
14    WHEREAS, Public Act 97-630 was enacted as "trailer
15legislation" to Public Act 97-96 with the intent to: (1)
16address statutorily unauthorized early termination provisions
17that had been included in the final draft sourcing agreements
18transmitted to the Illinois Commerce Commission by the Illinois
19Power Agency; and (2) clarify the limited role of the Illinois
20Commerce Commission in approving the final sourcing agreements
21between the Chicago Clean Energy project and gas utilities; and
22    WHEREAS, Pursuant to Public Act 97-630, the Illinois



HR0755- 2 -LRB097 20129 CEL 65516 r

1Commerce Commission, in reviewing and approving sourcing
2agreements, was only to: (1) fill in the blanks in the final
3draft sourcing agreement based upon the previously established
4capital costs, operations and maintenance costs, and the rate
5of return for the Chicago Clean Energy project; (2) remove 2
6statutorily unauthorized early termination provisions from the
7final draft sourcing agreement; and (3) correct typographical
8and scrivener's errors; and
9    WHEREAS, No statutory authority was given to the Illinois
10Commerce Commission to modify the terms of the final draft
11sourcing agreement or impose other obligations upon the Chicago
12Clean Energy project beyond the limitations set forth in Public
13Acts 97-96 and 97-630; and
14    WHEREAS, The Illinois Appellate and Supreme Courts have
15consistently held that, because administrative agencies are
16creatures of statute, they possess only those powers expressly
17delegated by law, and they may not act beyond their statutorily
18delegated authority; and
19    WHEREAS, The Illinois Appellate and Supreme Courts have
20consistently held that public policy in Illinois is expressed
21by the General Assembly, and it is not the province of an
22administrative agency to inquire into the wisdom and propriety
23of the legislature's act or to substitute its own judgment for



HR0755- 3 -LRB097 20129 CEL 65516 r

1that of the legislature; therefore, be it
4we express serious concerns that the Illinois Commerce
5Commission Order entered on January 10, 2012 in Docket No.
611-0710: (1) modifies the final draft sourcing agreement with
7respect to recovery of costs despite the Commission lacking
8statutory authority to do so and despite the statutory language
9and legislative intent of Public Act 97-96 to provide full cost
10recovery to the Chicago Clean Energy project; (2) fails to
11delete one of the 2 provisions for early termination that were
12contained in the final draft sourcing agreements submitted to
13the Commission by the Illinois Power Agency; and (3) imposes an
14obligation to secure a third-party guarantee that is
15contemplated nowhere in statute, that exceeds the limited role
16envisioned for the Commission, and that is in addition to the
17substantial consumer protections already set forth in the
18statutory framework for the Chicago Clean Energy project; and
19be it further
20    RESOLVED, That we urge that the Illinois Commerce
21Commission rehear the matter and, upon rehearing, the
22Commissioners of the Illinois Commerce Commission reach a
23decision that reflects statutory directives and the intent of
24the Illinois General Assembly in passing Public Acts 97-96 and



HR0755- 4 -LRB097 20129 CEL 65516 r

197-630; and be it further
2    RESOLVED, That suitable copies of this resolution be
3delivered to the Commissioners of the Illinois Commerce
4Commission, the Director of the Illinois Power Agency, and the