Full Text of HR0755 97th General Assembly
HR0755 97TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, The 97th Illinois General Assembly passed Senate | 3 | | Bill 1533 and House Bill 691 with super-majority votes in both | 4 | | legislative chambers; Senate Bill 1533 became law on July 13, | 5 | | 2011 as Public Act 97-96, and House Bill 691 became law on | 6 | | December 8, 2011 as Public Act 97-630; and
| 7 | | WHEREAS, Public Act 97-96 set forth a detailed framework | 8 | | for the development of a clean coal brownfield facility, | 9 | | commonly known as the Chicago Clean Energy project, that | 10 | | included a provision requiring the Illinois Commerce | 11 | | Commission to approve the final sourcing agreements between the | 12 | | Chicago Clean Energy project and gas utilities for the purchase | 13 | | of substitute natural gas; and
| 14 | | WHEREAS, Public Act 97-630 was enacted as "trailer | 15 | | legislation" to Public Act 97-96 with the intent to: (1) | 16 | | address statutorily unauthorized early termination provisions | 17 | | that had been included in the final draft sourcing agreements | 18 | | transmitted to the Illinois Commerce Commission by the Illinois | 19 | | Power Agency; and (2) clarify the limited role of the Illinois | 20 | | Commerce Commission in approving the final sourcing agreements | 21 | | between the Chicago Clean Energy project and gas utilities; and
| 22 | | WHEREAS, Pursuant to Public Act 97-630, the Illinois |
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| 1 | | Commerce Commission, in reviewing and approving sourcing | 2 | | agreements, was only to: (1) fill in the blanks in the final | 3 | | draft sourcing agreement based upon the previously established | 4 | | capital costs, operations and maintenance costs, and the rate | 5 | | of return for the Chicago Clean Energy project; (2) remove 2 | 6 | | statutorily unauthorized early termination provisions from the | 7 | | final draft sourcing agreement; and (3) correct typographical | 8 | | and scrivener's errors; and
| 9 | | WHEREAS, No statutory authority was given to the Illinois | 10 | | Commerce Commission to modify the terms of the final draft | 11 | | sourcing agreement or impose other obligations upon the Chicago | 12 | | Clean Energy project beyond the limitations set forth in Public | 13 | | Acts 97-96 and 97-630; and | 14 | | WHEREAS, The Illinois Appellate and Supreme Courts have | 15 | | consistently held that, because administrative agencies are | 16 | | creatures of statute, they possess only those powers expressly | 17 | | delegated by law, and they may not act beyond their statutorily | 18 | | delegated authority; and
| 19 | | WHEREAS, The Illinois Appellate and Supreme Courts have | 20 | | consistently held that public policy in Illinois is expressed | 21 | | by the General Assembly, and it is not the province of an | 22 | | administrative agency to inquire into the wisdom and propriety | 23 | | of the legislature's act or to substitute its own judgment for |
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| 1 | | that of the legislature; therefore, be it
| 2 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 3 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 4 | | we express serious concerns that the Illinois Commerce | 5 | | Commission Order entered on January 10, 2012 in Docket No. | 6 | | 11-0710: (1) modifies the final draft sourcing agreement with | 7 | | respect to recovery of costs despite the Commission lacking | 8 | | statutory authority to do so and despite the statutory language | 9 | | and legislative intent of Public Act 97-96 to provide full cost | 10 | | recovery to the Chicago Clean Energy project; (2) fails to | 11 | | delete one of the 2 provisions for early termination that were | 12 | | contained in the final draft sourcing agreements submitted to | 13 | | the Commission by the Illinois Power Agency; and (3) imposes an | 14 | | obligation to secure a third-party guarantee that is | 15 | | contemplated nowhere in statute, that exceeds the limited role | 16 | | envisioned for the Commission, and that is in addition to the | 17 | | substantial consumer protections already set forth in the | 18 | | statutory framework for the Chicago Clean Energy project; and | 19 | | be it further
| 20 | | RESOLVED, That we urge that the Illinois Commerce | 21 | | Commission rehear the matter and, upon rehearing, the | 22 | | Commissioners of the Illinois Commerce Commission reach a | 23 | | decision that reflects statutory directives and the intent of | 24 | | the Illinois General Assembly in passing Public Acts 97-96 and |
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| 1 | | 97-630; and be it further | 2 | | RESOLVED, That suitable copies of this resolution be | 3 | | delivered to the Commissioners of the Illinois Commerce | 4 | | Commission, the Director of the Illinois Power Agency, and the | 5 | | Governor.
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