HB1262 93rd General Assembly


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 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
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 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
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 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
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 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.