Illinois General Assembly - Full Text of SB0239
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Full Text of SB0239  94th General Assembly


Sen. James F. Clayborne Jr.

Filed: 4/19/2005





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2     AMENDMENT NO. ______. Amend Senate Bill 239 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Public Utilities Act is amended by changing
5 Section 9-241 as follows:
6     (220 ILCS 5/9-241)  (from Ch. 111 2/3, par. 9-241)
7     Sec. 9-241. No public utility shall, as to rates or other
8 charges, services, facilities or in other respect, make or
9 grant any preference or advantage to any corporation or person
10 or subject any corporation or person to any prejudice or
11 disadvantage. No public utility shall establish or maintain any
12 unreasonable difference as to rates or other charges, services,
13 facilities, or in any other respect, either as between
14 localities or as between classes of service.
15     However, nothing in this Section shall be construed as
16 limiting the authority of the Commission to permit the
17 establishment of economic development rates as incentives to
18 economic development either in enterprise zones as designated
19 by the State of Illinois or in other areas of a utility's
20 service area. Such rates should be available to existing
21 businesses which demonstrate an increase to existing load as
22 well as new businesses which create new load for a utility so
23 as to create a more balanced utilization of generating
24 capacity. The Commission shall ensure that such rates are



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1 established at a level which provides a net benefit to
2 customers within a public utility's service area.
3     Prior to October 1, 1989, no public utility providing
4 electrical or gas service shall consider the use of solar or
5 other nonconventional renewable sources of energy by a customer
6 as a basis for establishing higher rates or charges for any
7 service or commodity sold to such customer; nor shall a public
8 utility subject any customer utilizing such energy source or
9 sources to any other prejudice or disadvantage on account of
10 such use. No public utility shall without the consent of the
11 Commission, charge or receive any greater compensation in the
12 aggregate for a lesser commodity, product, or service than for
13 a greater commodity, product or service of like character.
14     The Commission, in order to expedite the determination of
15 rate questions, or to avoid unnecessary and unreasonable
16 expense, or to avoid unjust or unreasonable discrimination
17 between classes of customers, or, whenever in the judgment of
18 the Commission public interest so requires, may, for rate
19 making and accounting purposes, or either of them, consider one
20 or more municipalities either with or without the adjacent or
21 intervening rural territory as a regional unit (i) where the
22 same public utility serves such region under substantially
23 similar conditions or (ii) where 2 or more public utilities
24 under the jurisdiction of the Commission, that are under the
25 same public utility holding company or that are affiliated with
26 each other, serve such region under substantially similar
27 conditions, and may within such region prescribe uniform rates
28 for consumers or patrons of the same class.
29     Any public utility, with the consent and approval of the
30 Commission, may as a basis for the determination of the charges
31 made by it classify its service according to the amount used,
32 the time when used, the purpose for which used, and other
33 relevant factors.
34 (Source: P.A. 91-357, eff. 7-29-99.)



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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".