Full Text of SB1874 98th General Assembly
SB1874sam001 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1874
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1874 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Section 8-406.1 as follows: | 6 | | (220 ILCS 5/8-406.1) | 7 | | Sec. 8-406.1. Certificate of public convenience and | 8 | | necessity; expedited procedure. | 9 | | (a) A public utility may apply for a certificate of public | 10 | | convenience and necessity pursuant to this Section for the | 11 | | construction of any new high voltage electric service line that | 12 | | does not exceed 5 miles in length nor advance contiguously to a | 13 | | project filed with the Commission during 2012 and related | 14 | | facilities (Project). To facilitate the expedited review | 15 | | process of an application filed pursuant to this Section, an | 16 | | application shall include all of the following: |
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| 1 | | (1) Information in support of the application that | 2 | | shall include the following: | 3 | | (A) A detailed description of the Project, | 4 | | including location maps and plot plans to scale showing | 5 | | all major components. | 6 | | (B) The following engineering data: | 7 | | (i) a detailed Project description including: | 8 | | (I) name and destination of the Project; | 9 | | (II) design voltage rating (kV); | 10 | | (III) operating voltage rating (kV); and | 11 | | (IV) normal peak operating current rating; | 12 | | (ii) a conductor, structures, and substations | 13 | | description including: | 14 | | (I) conductor size and type; | 15 | | (II) type of structures; | 16 | | (III) height of typical structures; | 17 | | (IV) an explanation why these structures | 18 | | were selected; | 19 | | (V) dimensional drawings of the typical | 20 | | structures to be used in the Project; and | 21 | | (VI) a list of the names of all new (and | 22 | | existing if applicable) substations or | 23 | | switching stations that will be associated | 24 | | with the proposed new high voltage electric | 25 | | service line; | 26 | | (iii) the location of the site and |
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| 1 | | right-of-way including: | 2 | | (I) miles of right-of-way; | 3 | | (II) miles of circuit; | 4 | | (III) width of the right-of-way; and | 5 | | (IV) a brief description of the area | 6 | | traversed by the proposed high voltage | 7 | | electric service line, including a description | 8 | | of the general land uses in the area and the | 9 | | type of terrain crossed by the proposed line; | 10 | | (iv) assumptions, bases, formulae, and methods | 11 | | used in the development and preparation of the | 12 | | diagrams and accompanying data, and a technical | 13 | | description providing the following information: | 14 | | (I) number of circuits, with | 15 | | identification as to whether the circuit is | 16 | | overhead or underground; | 17 | | (II) the operating voltage and frequency; | 18 | | and | 19 | | (III) conductor size and type and number | 20 | | of conductors per phase; | 21 | | (v) if the proposed interconnection is an | 22 | | overhead line, the following additional | 23 | | information also must be provided: | 24 | | (I) the wind and ice loading design | 25 | | parameters; | 26 | | (II) a full description and drawing of a |
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| 1 | | typical supporting structure, including | 2 | | strength specifications; | 3 | | (III) structure spacing with typical | 4 | | ruling and maximum spans; | 5 | | (IV) conductor (phase) spacing; and | 6 | | (V) the designed line-to-ground and | 7 | | conductor-side clearances; | 8 | | (vi) if an underground or underwater | 9 | | interconnection is proposed, the following | 10 | | additional information also must be provided: | 11 | | (I) burial depth; | 12 | | (II) type of cable and a description of any | 13 | | required supporting equipment, such as | 14 | | insulation medium pressurizing or forced | 15 | | cooling; | 16 | | (III) cathodic protection scheme; and | 17 | | (IV) type of dielectric fluid and | 18 | | safeguards used to limit potential spills in | 19 | | waterways; | 20 | | (vii) technical diagrams that provide | 21 | | clarification of any item under this item (1) | 22 | | should be included; and | 23 | | (viii) applicant shall provide and identify a | 24 | | primary right-of-way and one or more alternate | 25 | | rights-of-way for the Project as part of the | 26 | | filing. To the extent applicable, for each |
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| 1 | | right-of-way, an applicant shall provide the | 2 | | information described in this subsection (a). Upon | 3 | | a showing of good cause in its filing, an applicant | 4 | | may be excused from providing and identifying | 5 | | alternate rights-of-way. | 6 | | (2) An application fee of $100,000, which shall be paid | 7 | | into the Public Utility Fund at the time the Chief Clerk of | 8 | | the Commission deems it complete and accepts the filing. | 9 | | (3) Information showing that the utility has held a | 10 | | minimum of 3 pre-filing public meetings to receive public | 11 | | comment concerning the Project in each county where the | 12 | | Project is to be located, no earlier than 6 months prior to | 13 | | the filing of the application. Notice of the public meeting | 14 | | shall be published in a newspaper of general circulation | 15 | | within the affected county once a week for 3 consecutive | 16 | | weeks, beginning no earlier than one month prior to the | 17 | | first public meeting. If the Project traverses 2 contiguous | 18 | | counties and where in one county the transmission line | 19 | | mileage and number of landowners over whose property the | 20 | | proposed route traverses is 1/5 or less of the transmission | 21 | | line mileage and number of such landowners of the other | 22 | | county, then the utility may combine the 3 pre-filing | 23 | | meetings in the county with the greater transmission line | 24 | | mileage and affected landowners. All other requirements | 25 | | regarding pre-filing meetings shall apply in both | 26 | | counties. Notice of the public meeting, including a |
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| 1 | | description of the Project, must be provided in writing to | 2 | | the clerk of each county where the Project is to be | 3 | | located. A representative of the Commission shall be | 4 | | invited to each pre-filing public meeting. | 5 | | (b) At the first status hearing the administrative law | 6 | | judge shall set a schedule for discovery that shall take into | 7 | | consideration the expedited nature of the proceeding. | 8 | | (c) Nothing in this Section prohibits a utility from | 9 | | requesting, or the Commission from approving, protection of | 10 | | confidential or proprietary information under applicable law. | 11 | | The public utility may seek confidential protection of any of | 12 | | the information provided pursuant to this Section, subject to | 13 | | Commission approval. | 14 | | (d) The public utility shall publish notice of its | 15 | | application in the official State newspaper within 10 days | 16 | | following the date of the application's filing. | 17 | | (e) The public utility shall establish a dedicated website | 18 | | for the Project 3 weeks prior to the first public meeting and | 19 | | maintain the website until construction of the Project is | 20 | | complete. The website address shall be included in all public | 21 | | notices. | 22 | | (f) The Commission shall, after notice and hearing, grant a | 23 | | certificate of public convenience and necessity filed in | 24 | | accordance with the requirements of this Section if, based upon | 25 | | the application filed with the Commission and the evidentiary | 26 | | record, it finds the Project will promote the public |
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| 1 | | convenience and necessity and that all of the following | 2 | | criteria are satisfied: | 3 | | (1) That the Project is necessary to provide adequate, | 4 | | reliable, and efficient service to the public utility's | 5 | | customers and is the least-cost means of satisfying the | 6 | | service needs of the public utility's customers or that the | 7 | | Project will promote the development of an effectively | 8 | | competitive electricity market that operates efficiently, | 9 | | is equitable to all customers, and is the least cost means | 10 | | of satisfying those objectives. | 11 | | (2) That the public utility is capable of efficiently | 12 | | managing and supervising the construction process and has | 13 | | taken sufficient action to ensure adequate and efficient | 14 | | construction and supervision of the construction. | 15 | | (3) That the public utility is capable of financing the | 16 | | proposed construction without significant adverse | 17 | | financial consequences for the utility or its customers. | 18 | | (g) The Commission shall issue its decision with findings | 19 | | of fact and conclusions of law granting or denying the | 20 | | application no later than 150 days after the application is | 21 | | filed. The Commission may extend the 150-day deadline upon | 22 | | notice by an additional 75 days if, on or before the 30th day | 23 | | after the filing of the application, the Commission finds that | 24 | | good cause exists to extend the 150-day period. | 25 | | (h) In the event the Commission grants a public utility's | 26 | | application for a certificate pursuant to this Section, the |
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| 1 | | public utility shall pay a one-time construction fee to each | 2 | | county in which the Project is constructed within 30 days after | 3 | | the completion of construction. The construction fee shall be | 4 | | $20,000 per mile of high voltage electric service line | 5 | | constructed in that county, or a proportionate fraction of that | 6 | | fee. The fee shall be in lieu of any permitting fees that | 7 | | otherwise would be imposed by a county. Counties receiving a | 8 | | payment under this subsection (h) may distribute all or | 9 | | portions of the fee to local taxing districts in that county. | 10 | | (i) Notwithstanding any other provisions of this Act, a | 11 | | decision granting a certificate under this Section shall | 12 | | include an order pursuant to Section 8-503 of this Act | 13 | | authorizing or directing the construction of the high voltage | 14 | | electric service line and related facilities as approved by the | 15 | | Commission, in the manner and within the time specified in said | 16 | | order.
| 17 | | (j) The amendatory changes made to this Section by this | 18 | | amendatory Act of the 98th General Assembly shall apply to all | 19 | | applications filed on or after the effective date of this | 20 | | amendatory Act of the 98th General Assembly and to all | 21 | | applications filed before the effective date of this amendatory | 22 | | Act for which the Commission has not issued a decision before | 23 | | the effective date of this amendatory Act. | 24 | | (Source: P.A. 96-1348, eff. 7-28-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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