Full Text of SB3388 96th General Assembly
SB3388eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 8-406 as follows:
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| (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
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| Sec. 8-406. Certificate of public convenience and | 8 |
| necessity.
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| (a) No public utility not owning any city or village
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| 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 Public | 15 |
| Utilities Commission, at the time this amendatory Act of 1985 | 16 |
| goes
into effect, shall transact any business in this State | 17 |
| until it shall have
obtained a certificate from the Commission | 18 |
| that public convenience and
necessity require the transaction | 19 |
| of such business.
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| (b) No public utility shall begin the construction of any | 21 |
| new plant,
equipment, property or facility which is not in | 22 |
| substitution of any
existing plant, equipment, property or | 23 |
| facility or any extension or
alteration thereof or in addition |
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| thereto,
unless and until it shall have obtained from the
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| Commission a certificate that public convenience and necessity | 3 |
| require such
construction. Whenever after a hearing the | 4 |
| Commission determines that any
new construction or the | 5 |
| transaction of any business by a public utility will
promote | 6 |
| the public convenience and is necessary thereto, it shall have | 7 |
| the
power to issue certificates of public convenience and | 8 |
| necessity. The
Commission shall determine that proposed | 9 |
| construction will promote the
public convenience and necessity | 10 |
| only if the utility demonstrates: (1) that the
proposed | 11 |
| construction is necessary to provide adequate, reliable, and
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| efficient service to its customers and is the
least-cost means | 13 |
| of
satisfying the service needs of its customers or that the | 14 |
| proposed construction will promote the development of an | 15 |
| effectively competitive electricity market that operates | 16 |
| efficiently, is equitable to all customers, and is the least | 17 |
| cost means of satisfying those objectives;
(2) that the utility | 18 |
| is capable of efficiently managing and
supervising the | 19 |
| construction process and has taken sufficient action to
ensure | 20 |
| adequate and efficient construction and supervision thereof; | 21 |
| and (3)
that the utility is capable of financing the proposed | 22 |
| construction without
significant adverse financial | 23 |
| consequences for the utility or its
customers.
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| (c) (Blank). After the effective date of this amendatory | 25 |
| Act of 1987, no
construction shall commence on any new nuclear
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| power plant to be located within this State, and no certificate |
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| of public
convenience and necessity or other authorization | 2 |
| shall be issued therefor
by the Commission, until the Director | 3 |
| of the Illinois Environmental
Protection Agency finds that the | 4 |
| United States Government, through its
authorized agency, has | 5 |
| identified and approved a demonstrable technology or
means for | 6 |
| the disposal of high level nuclear waste, or until such
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| construction has been specifically approved by a statute | 8 |
| enacted by the General
Assembly.
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| As used in this Section, "high level nuclear waste" means | 10 |
| those aqueous
wastes resulting from the operation of the first | 11 |
| cycle of the solvent
extraction system or equivalent and the | 12 |
| concentrated wastes of the
subsequent extraction cycles or | 13 |
| equivalent in a facility for reprocessing
irradiated reactor | 14 |
| fuel and shall include spent fuel assemblies prior to
fuel | 15 |
| reprocessing.
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| (d) In making its determination, the Commission shall | 17 |
| attach primary
weight to the cost or cost savings to the | 18 |
| customers of the utility. The
Commission may consider any or | 19 |
| all factors which will or may affect such
cost or cost savings.
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| (e) The Commission may issue a temporary certificate which | 21 |
| shall remain
in force not to exceed one year in cases of | 22 |
| emergency, to assure maintenance
of adequate service or to | 23 |
| serve particular customers, without notice or
hearing, pending | 24 |
| the determination of an application for a certificate, and
may | 25 |
| by regulation exempt from the requirements of this Section | 26 |
| temporary
acts or operations for which the issuance of a |
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| certificate will not be
required in the public interest.
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| A public utility shall not be required to obtain but may | 3 |
| apply for and
obtain a certificate of public convenience and | 4 |
| necessity pursuant to this
Section with respect to any matter | 5 |
| as to which it has received the
authorization or order of the | 6 |
| Commission under the Electric Supplier Act,
and any such | 7 |
| authorization or order granted a public utility by the
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| Commission under that Act shall as between public utilities be | 9 |
| deemed to
be, and shall have except as provided in that Act the | 10 |
| same force and effect
as, a certificate of public convenience | 11 |
| and necessity issued pursuant to this
Section.
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| No electric cooperative shall be made or shall become a | 13 |
| party to or shall
be entitled to be heard or to otherwise | 14 |
| appear or participate in any
proceeding initiated under this | 15 |
| Section for authorization of power plant
construction and as to | 16 |
| matters as to which a remedy is available under The
Electric | 17 |
| Supplier Act.
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| (f) Such certificates may be altered or modified by the | 19 |
| Commission, upon
its own motion or upon application by the | 20 |
| person or corporation affected.
Unless exercised within a | 21 |
| period of 2 years from the grant thereof
authority conferred by | 22 |
| a certificate of convenience and necessity issued by
the | 23 |
| Commission shall be null and void.
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| No certificate of public convenience and necessity shall be | 25 |
| construed as
granting a monopoly or an exclusive privilege, | 26 |
| immunity or franchise.
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| (Source: P.A. 95-700, eff. 11-9-07.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law. |
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