Full Text of HB3657 100th General Assembly
HB3657eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 8-406 as follows: | 6 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | 7 | | Sec. 8-406. Certificate of public convenience and | 8 | | necessity. | 9 | | (a) No public utility not owning any city or village
| 10 | | 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. | 20 | | (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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| 1 | | thereto,
unless and until it shall have obtained from the
| 2 | | 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
| 12 | | 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 | 17 | | least-cost least cost means of satisfying those objectives;
(2) | 18 | | that the utility is capable of efficiently managing and
| 19 | | supervising the construction process and has taken sufficient | 20 | | action to
ensure adequate and efficient construction and | 21 | | supervision thereof; and (3)
that the utility is capable of | 22 | | financing the proposed construction without
significant | 23 | | adverse financial consequences for the utility or its
| 24 | | customers. | 25 | | (c) After the effective date of this amendatory Act of | 26 | | 1987, no
construction shall commence on any new nuclear
power |
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| 1 | | plant to be located within this State , and no certificate of | 2 | | public
convenience and necessity or other authorization shall | 3 | | be issued therefor
by the Commission, until the Director of the | 4 | | Illinois Environmental
Protection Agency finds that the United | 5 | | States Government, through its
authorized agency, has | 6 | | identified and approved a demonstrable technology or
means for | 7 | | the disposal of high level nuclear waste, or until such
| 8 | | construction has been specifically approved by a statute | 9 | | enacted by the General
Assembly. | 10 | | No public utility shall begin the construction of any | 11 | | nuclear power plant extension, alteration, or addition unless | 12 | | and until it has obtained from the Commission a certificate | 13 | | that public convenience and necessity require such | 14 | | construction. Whenever, after a hearing, the Commission | 15 | | determines that any new construction or the transaction of any | 16 | | business by a public utility will promote the public | 17 | | convenience and is necessary thereto, it shall have the power | 18 | | to issue certificates of public convenience and necessity. The | 19 | | Commission shall determine that proposed construction will | 20 | | promote the public convenience and necessity only if the | 21 | | utility demonstrates: (1) that the proposed construction is | 22 | | necessary to provide adequate, reliable, and efficient service | 23 | | to its customers and is the least-cost means of satisfying the | 24 | | service needs of its customers or that the proposed | 25 | | construction will promote the development of an effectively | 26 | | competitive electricity market that operates efficiently, is |
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| 1 | | equitable to all customers, and is the least-cost means of | 2 | | satisfying those objectives; (2) that the utility is capable of | 3 | | efficiently managing and supervising the construction process | 4 | | and has taken sufficient action to ensure adequate and | 5 | | efficient construction and supervision thereof; and (3) that | 6 | | the utility is capable of financing the proposed construction | 7 | | without significant adverse financial consequences for the | 8 | | utility or its customers. | 9 | | 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. | 16 | | (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, | 20 | | including the public utility's engineering judgment regarding | 21 | | the materials used for construction. | 22 | | (e) The Commission may issue a temporary certificate which | 23 | | shall remain
in force not to exceed one year in cases of | 24 | | emergency, to assure maintenance
of adequate service or to | 25 | | serve particular customers, without notice or
hearing, pending | 26 | | the determination of an application for a certificate, and
may |
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| 1 | | by regulation exempt from the requirements of this Section | 2 | | temporary
acts or operations for which the issuance of a | 3 | | certificate will not be
required in the public interest. | 4 | | A public utility shall not be required to obtain but may | 5 | | apply for and
obtain a certificate of public convenience and | 6 | | necessity pursuant to this
Section with respect to any matter | 7 | | as to which it has received the
authorization or order of the | 8 | | Commission under the Electric Supplier Act,
and any such | 9 | | authorization or order granted a public utility by the
| 10 | | Commission under that Act shall as between public utilities be | 11 | | deemed to
be, and shall have except as provided in that Act the | 12 | | same force and effect
as, a certificate of public convenience | 13 | | and necessity issued pursuant to this
Section. | 14 | | No electric cooperative shall be made or shall become a | 15 | | party to or shall
be entitled to be heard or to otherwise | 16 | | appear or participate in any
proceeding initiated under this | 17 | | Section for authorization of power plant
construction and as to | 18 | | matters as to which a remedy is available under The
Electric | 19 | | Supplier Act. | 20 | | (f) Such certificates may be altered or modified by the | 21 | | Commission, upon
its own motion or upon application by the | 22 | | person or corporation affected.
Unless exercised within a | 23 | | period of 2 years from the grant thereof
authority conferred by | 24 | | a certificate of convenience and necessity issued by
the | 25 | | Commission shall be null and void. | 26 | | No certificate of public convenience and necessity shall be |
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| 1 | | construed as
granting a monopoly or an exclusive privilege, | 2 | | immunity or franchise. | 3 | | (g) A public utility that undertakes any of the actions | 4 | | described in items (1) through (3) of this subsection (g) or | 5 | | that has obtained approval pursuant to Section 8-406.1 of this | 6 | | Act shall not be required to comply with the requirements of | 7 | | this Section to the extent such requirements otherwise would | 8 | | apply. For purposes of this Section and Section 8-406.1 of this | 9 | | Act, "high voltage electric service line" means an electric | 10 | | line having a design voltage of 100,000 or more. For purposes | 11 | | of this subsection (g), a public utility may do any of the | 12 | | following: | 13 | | (1) replace or upgrade any existing high voltage | 14 | | electric service line and related facilities, | 15 | | notwithstanding its length; | 16 | | (2) relocate any existing high voltage electric | 17 | | service line and related facilities, notwithstanding its | 18 | | length, to accommodate construction or expansion of a | 19 | | roadway or other transportation infrastructure; or | 20 | | (3) construct a high voltage electric service line and | 21 | | related facilities that is constructed solely to serve a | 22 | | single customer's premises or to provide a generator | 23 | | interconnection to the public utility's transmission | 24 | | system and that will pass under or over the premises owned | 25 | | by the customer or generator to be served or under or over | 26 | | premises for which the customer or generator has secured |
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| 1 | | the necessary right of way. | 2 | | (h) A public utility seeking to construct a high-voltage | 3 | | electric service line and related facilities (Project) must | 4 | | show that the utility has held a minimum of 2 pre-filing public | 5 | | meetings to receive public comment concerning the Project in | 6 | | each county where the Project is to be located, no earlier than | 7 | | 6 months prior to filing an application for a certificate of | 8 | | public convenience and necessity from the Commission. Notice of | 9 | | the public meeting shall be published in a newspaper of general | 10 | | circulation within the affected county once a week for 3 | 11 | | consecutive weeks, beginning no earlier than one month prior to | 12 | | the first public meeting. If the Project traverses 2 contiguous | 13 | | counties and where in one county the transmission line mileage | 14 | | and number of landowners over whose property the proposed route | 15 | | traverses is one-fifth or less of the transmission line mileage | 16 | | and number of such landowners of the other county, then the | 17 | | utility may combine the 2 pre-filing meetings in the county | 18 | | with the greater transmission line mileage and affected | 19 | | landowners. All other requirements regarding pre-filing | 20 | | meetings shall apply in both counties. Notice of the public | 21 | | meeting, including a description of the Project, must be | 22 | | provided in writing to the clerk of each county where the | 23 | | Project is to be located. A representative of the Commission | 24 | | shall be invited to each pre-filing public meeting. | 25 | | (i) For applications filed after the effective date of this | 26 | | amendatory Act of the 99th General Assembly, the Commission |
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| 1 | | shall by registered mail notify each owner of record of land, | 2 | | as identified in the records of the relevant county tax | 3 | | assessor, included in the right-of-way over which the utility | 4 | | seeks in its application to construct a high-voltage electric | 5 | | line of the time and place scheduled for the initial hearing on | 6 | | the public utility's application. The utility shall reimburse | 7 | | the Commission for the cost of the postage and supplies | 8 | | incurred for mailing the notice. | 9 | | (Source: P.A. 99-399, eff. 8-18-15.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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