Full Text of SR0585 97th General Assembly
SR0585 97TH GENERAL ASSEMBLY |
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| 1 | | SENATE 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 SENATE OF THE NINETY-SEVENTH GENERAL | 3 | | ASSEMBLY OF THE STATE OF ILLINOIS, that we express serious | 4 | | concerns that the Illinois Commerce Commission Order entered on | 5 | | January 10, 2012 in Docket No. 11-0710: (1) modifies the final | 6 | | draft sourcing agreement with respect to recovery of costs | 7 | | despite the Commission lacking statutory authority to do so and | 8 | | despite the statutory language and legislative intent of Public | 9 | | Act 97-96 to provide full cost recovery to the Chicago Clean | 10 | | Energy project; (2) fails to delete one of the 2 provisions for | 11 | | early termination that were contained in the final draft | 12 | | sourcing agreements submitted to the Commission by the Illinois | 13 | | Power Agency; and (3) imposes an obligation to secure a | 14 | | third-party guarantee that is contemplated nowhere in statute, | 15 | | that exceeds the limited role envisioned for the Commission, | 16 | | and that is in addition to the substantial consumer protections | 17 | | already set forth in the statutory framework for the Chicago | 18 | | Clean Energy project; and be it further
| 19 | | RESOLVED, That we urge that the Illinois Commerce | 20 | | Commission rehear the matter and, upon rehearing, the | 21 | | Commissioners of the Illinois Commerce Commission reach a | 22 | | decision that reflects statutory directives and the intent of | 23 | | the Illinois General Assembly in passing Public Acts 97-96 and | 24 | | 97-630; and be it further |
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| 1 | | RESOLVED, That suitable copies of this resolution be | 2 | | delivered to the Commissioners of the Illinois Commerce | 3 | | Commission, the Director of the Illinois Power Agency, and the | 4 | | Governor.
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