Full Text of HB2171 101st General Assembly
HB2171ham001 101ST GENERAL ASSEMBLY | Rep. Thomas Morrison Filed: 3/20/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2171
| 2 | | AMENDMENT NO. ______. Amend House Bill 2171 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 8-406 and 9-220.3 and by adding Sections 9-228, 9-235, | 6 | | and 9-237 as follows: | 7 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | 8 | | Sec. 8-406. Certificate of public convenience and | 9 | | necessity. | 10 | | (a) No public utility not owning any city or village
| 11 | | franchise nor engaged in performing any public service or in | 12 | | furnishing any
product or commodity within this State as of | 13 | | July 1, 1921 and not
possessing a certificate of
public | 14 | | convenience and necessity from the Illinois Commerce | 15 | | Commission,
the State Public Utilities Commission or
the Public | 16 | | Utilities Commission, at the time this amendatory Act of 1985 |
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| 1 | | goes
into effect, shall transact any business in this State | 2 | | until it shall have
obtained a certificate from the Commission | 3 | | that public convenience and
necessity require the transaction | 4 | | of such business. | 5 | | (b) No public utility shall begin the construction of any | 6 | | new plant,
equipment, property or facility which is not in | 7 | | substitution of any
existing plant, equipment, property or | 8 | | facility or any extension or
alteration thereof or in addition | 9 | | thereto,
unless and until it shall have obtained from the
| 10 | | Commission a certificate that public convenience and necessity | 11 | | require such
construction. Whenever after a hearing the | 12 | | Commission determines that any
new construction or the | 13 | | transaction of any business by a public utility will
promote | 14 | | the public convenience and is necessary thereto, it shall have | 15 | | the
power to issue certificates of public convenience and | 16 | | necessity. The
Commission shall determine that proposed | 17 | | construction will promote the
public convenience and necessity | 18 | | only if the utility demonstrates: (1) that the
proposed | 19 | | construction is necessary to provide adequate, reliable, and
| 20 | | efficient service to its customers and is the
least-cost means | 21 | | of
satisfying the service needs of its customers or that the | 22 | | proposed construction will promote the development of an | 23 | | effectively competitive electricity market that operates | 24 | | efficiently, is equitable to all customers, and is the least | 25 | | cost means of satisfying those objectives;
(2) that the utility | 26 | | is capable of efficiently managing and
supervising the |
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| 1 | | construction process and has taken sufficient action to
ensure | 2 | | adequate and efficient construction and supervision thereof; | 3 | | and (3)
that the utility is capable of financing the proposed | 4 | | construction without
significant adverse financial | 5 | | consequences for the utility or its
customers ; and (4) that | 6 | | existing customers will not subsidize the cost of new | 7 | | facilities beyond that provided for in rules adopted by the | 8 | | Commission and in excess of any refundable or nonrefundable | 9 | | payments by customers to be served by the new facilities. | 10 | | Notwithstanding the provisions of this subsection (b), the
| 11 | | demonstration under item (4) of this subsection (b) shall not | 12 | | be required of public water or
sewer utilities seeking a | 13 | | certificate of public convenience and necessity in connection
| 14 | | with the acquisition of an existing water or sewer utility . | 15 | | (c) After the effective date of this amendatory Act of | 16 | | 1987, no
construction shall commence on any new nuclear
power | 17 | | plant to be located within this State, and no certificate of | 18 | | public
convenience and necessity or other authorization shall | 19 | | be issued therefor
by the Commission, until the Director of the | 20 | | Illinois Environmental
Protection Agency finds that the United | 21 | | States Government, through its
authorized agency, has | 22 | | identified and approved a demonstrable technology or
means for | 23 | | the disposal of high level nuclear waste, or until such
| 24 | | construction has been specifically approved by a statute | 25 | | enacted by the General
Assembly. | 26 | | As used in this Section, "high level nuclear waste" means |
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| 1 | | those aqueous
wastes resulting from the operation of the first | 2 | | cycle of the solvent
extraction system or equivalent and the | 3 | | concentrated wastes of the
subsequent extraction cycles or | 4 | | equivalent in a facility for reprocessing
irradiated reactor | 5 | | fuel and shall include spent fuel assemblies prior to
fuel | 6 | | reprocessing. | 7 | | (d) In making its determination, the Commission shall | 8 | | attach primary
weight to the cost or cost savings to the | 9 | | customers of the utility. The
Commission may consider any or | 10 | | all factors which will or may affect such
cost or cost savings, | 11 | | including the public utility's engineering judgment regarding | 12 | | the materials used for construction. The Commission shall | 13 | | explicitly address cost and cost savings to customers in its | 14 | | order. For construction under subsection (b) serving one or | 15 | | more customers in a discrete group, the Commission shall also | 16 | | evaluate and explicitly address in its order the period by | 17 | | which the construction investment will be considered | 18 | | economical from the customer perspective. | 19 | | (e) The Commission may issue a temporary certificate which | 20 | | shall remain
in force not to exceed one year in cases of | 21 | | emergency, to assure maintenance
of adequate service or to | 22 | | serve particular customers, without notice or
hearing, pending | 23 | | the determination of an application for a certificate, and
may | 24 | | by regulation exempt from the requirements of this Section | 25 | | temporary
acts or operations for which the issuance of a | 26 | | certificate will not be
required in the public interest. |
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| 1 | | A public utility shall not be required to obtain but may | 2 | | apply for and
obtain a certificate of public convenience and | 3 | | necessity pursuant to this
Section with respect to any matter | 4 | | as to which it has received the
authorization or order of the | 5 | | Commission under the Electric Supplier Act,
and any such | 6 | | authorization or order granted a public utility by the
| 7 | | Commission under that Act shall as between public utilities be | 8 | | deemed to
be, and shall have except as provided in that Act the | 9 | | same force and effect
as, a certificate of public convenience | 10 | | and necessity issued pursuant to this
Section. | 11 | | No electric cooperative shall be made or shall become a | 12 | | party to or shall
be entitled to be heard or to otherwise | 13 | | appear or participate in any
proceeding initiated under this | 14 | | Section for authorization of power plant
construction and as to | 15 | | matters as to which a remedy is available under The
Electric | 16 | | Supplier Act. | 17 | | (f) Such certificates may be altered or modified by the | 18 | | Commission, upon
its own motion or upon application by the | 19 | | person or corporation affected.
Unless exercised within a | 20 | | period of 2 years from the grant thereof
authority conferred by | 21 | | a certificate of convenience and necessity issued by
the | 22 | | Commission shall be null and void. | 23 | | No certificate of public convenience and necessity shall be | 24 | | construed as
granting a monopoly or an exclusive privilege, | 25 | | immunity or franchise. | 26 | | (g) A public utility that undertakes any of the actions |
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| 1 | | described in items (1) through (3) of this subsection (g) or | 2 | | that has obtained approval pursuant to Section 8-406.1 of this | 3 | | Act shall not be required to comply with the requirements of | 4 | | this Section to the extent such requirements otherwise would | 5 | | apply. For purposes of this Section and Section 8-406.1 of this | 6 | | Act, "high voltage electric service line" means an electric | 7 | | line having a design voltage of 100,000 or more. For purposes | 8 | | of this subsection (g), a public utility may do any of the | 9 | | following: | 10 | | (1) replace or upgrade any existing high voltage | 11 | | electric service line and related facilities, | 12 | | notwithstanding its length; | 13 | | (2) relocate any existing high voltage electric | 14 | | service line and related facilities, notwithstanding its | 15 | | length, to accommodate construction or expansion of a | 16 | | roadway or other transportation infrastructure; or | 17 | | (3) construct a high voltage electric service line and | 18 | | related facilities that is constructed solely to serve a | 19 | | single customer's premises or to provide a generator | 20 | | interconnection to the public utility's transmission | 21 | | system and that will pass under or over the premises owned | 22 | | by the customer or generator to be served or under or over | 23 | | premises for which the customer or generator has secured | 24 | | the necessary right of way. | 25 | | (h) A public utility seeking to construct a high-voltage | 26 | | electric service line and related facilities (Project) must |
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| 1 | | show that the utility has held a minimum of 2 pre-filing public | 2 | | meetings to receive public comment concerning the Project in | 3 | | each county where the Project is to be located, no earlier than | 4 | | 6 months prior to filing an application for a certificate of | 5 | | public convenience and necessity from the Commission. Notice of | 6 | | the public meeting shall be published in a newspaper of general | 7 | | circulation within the affected county once a week for 3 | 8 | | consecutive weeks, beginning no earlier than one month prior to | 9 | | the first public meeting. If the Project traverses 2 contiguous | 10 | | counties and where in one county the transmission line mileage | 11 | | and number of landowners over whose property the proposed route | 12 | | traverses is one-fifth or less of the transmission line mileage | 13 | | and number of such landowners of the other county, then the | 14 | | utility may combine the 2 pre-filing meetings in the county | 15 | | with the greater transmission line mileage and affected | 16 | | landowners. All other requirements regarding pre-filing | 17 | | meetings shall apply in both counties. Notice of the public | 18 | | meeting, including a description of the Project, must be | 19 | | provided in writing to the clerk of each county where the | 20 | | Project is to be located. A representative of the Commission | 21 | | shall be invited to each pre-filing public meeting. | 22 | | (i) For applications filed after the effective date of this | 23 | | amendatory Act of the 99th General Assembly, the Commission | 24 | | shall by registered mail notify each owner of record of land, | 25 | | as identified in the records of the relevant county tax | 26 | | assessor, included in the right-of-way over which the utility |
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| 1 | | seeks in its application to construct a high-voltage electric | 2 | | line of the time and place scheduled for the initial hearing on | 3 | | the public utility's application. The utility shall reimburse | 4 | | the Commission for the cost of the postage and supplies | 5 | | incurred for mailing the notice. | 6 | | (Source: P.A. 99-399, eff. 8-18-15.) | 7 | | (220 ILCS 5/9-220.3) | 8 | | (Section scheduled to be repealed on December 31, 2023) | 9 | | Sec. 9-220.3. Natural gas surcharges authorized. | 10 | | (a) Tariff. | 11 | | (1) Pursuant to Section 9-201 of this Act, a natural | 12 | | gas utility serving more than 700,000 customers may file a | 13 | | tariff for a surcharge which adjusts rates and charges to | 14 | | provide for recovery of costs associated with investments | 15 | | in qualifying infrastructure plant, independent of any | 16 | | other matters related to the utility's revenue | 17 | | requirement. | 18 | | (2) Within 30 days after the effective date of this | 19 | | amendatory Act of the 98th General Assembly, the Commission | 20 | | shall adopt emergency rules to implement the provisions of | 21 | | this amendatory Act of the 98th General Assembly. The | 22 | | utility may file with the Commission tariffs implementing | 23 | | the provisions of this amendatory Act of the 98th General | 24 | | Assembly after the effective date of the emergency rules | 25 | | authorized by subsection (i). |
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| 1 | | (3) The Commission shall issue an order approving, or | 2 | | approving with modification to ensure compliance with this | 3 | | Section, the tariff no later than 120 days after such | 4 | | filing of the tariffs filed pursuant to this Section. The | 5 | | utility shall have 7 days following the date of service of | 6 | | the order to notify the Commission in writing whether it | 7 | | will accept any modifications so identified in the order or | 8 | | whether it has elected not to proceed with the tariff. If | 9 | | the order includes no modifications or if the utility | 10 | | notifies the Commission that it will accept such | 11 | | modifications, the tariff shall take effect on the first | 12 | | day of the calendar year in which the Commission issues the | 13 | | order, subject to petitions for rehearing and appellate | 14 | | procedures. After the tariff takes effect, the utility may, | 15 | | upon 10 days' notice to the Commission, file to withdraw | 16 | | the tariff at any time, and the Commission shall approve | 17 | | such filing without suspension or hearing, subject to a | 18 | | final reconciliation as provided in subsection (e) of this | 19 | | Section. | 20 | | (4) When a natural gas utility withdraws the surcharge | 21 | | tariff, the utility shall not recover any additional | 22 | | charges through the surcharge approved pursuant to this | 23 | | Section, subject to the resolution of the final | 24 | | reconciliation pursuant to subsection (e) of this Section. | 25 | | The utility's qualifying infrastructure investment net of | 26 | | accumulated depreciation may be transferred to the natural |
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| 1 | | gas utility's rate base in the utility's next general rate | 2 | | case. The utility's delivery base rates in effect upon | 3 | | withdrawal of the surcharge tariff shall not be adjusted at | 4 | | the time the surcharge tariff is withdrawn. | 5 | | (5) A natural gas utility that is subject to its | 6 | | delivery base rates being fixed at their current rates | 7 | | pursuant to a Commission order entered in Docket No. | 8 | | 11-0046, notwithstanding the effective date of its tariff | 9 | | authorized pursuant to this Section, shall reflect in a | 10 | | tariff surcharge only those projects placed in service | 11 | | after the fixed rate period of the merger agreement has | 12 | | expired by its terms. | 13 | | (b) For purposes of this Section, "qualifying | 14 | | infrastructure plant" includes only plant additions placed in | 15 | | service not reflected in the rate base used to establish the | 16 | | utility's delivery base rates. "Costs associated with | 17 | | investments in qualifying infrastructure plant" shall include | 18 | | a return on qualifying infrastructure plant and recovery of | 19 | | depreciation and amortization expense on qualifying | 20 | | infrastructure plant, net of the depreciation included in the | 21 | | utility's base rates on any plant retired in conjunction with | 22 | | the installation of the qualifying infrastructure plant. | 23 | | Collectively the "qualifying infrastructure plant" and "costs | 24 | | associated with investments in qualifying infrastructure | 25 | | plant" are referred to as the "qualifying infrastructure | 26 | | investment" and that are related to one or more of the |
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| 1 | | following: | 2 | | (1) the installation of facilities to retire and | 3 | | replace underground natural gas facilities, including | 4 | | facilities appurtenant to facilities constructed of those | 5 | | materials such as meters, regulators, and services, and | 6 | | that are constructed of cast iron, wrought iron, ductile | 7 | | iron, unprotected coated steel, unprotected bare steel, | 8 | | mechanically coupled steel, copper, Cellulose Acetate | 9 | | Butyrate (CAB) plastic, pre-1973 DuPont Aldyl "A" | 10 | | polyethylene, PVC, or other types of materials identified | 11 | | by a State or federal governmental agency as being prone to | 12 | | leakage; | 13 | | (2) the relocation of meters from inside customers' | 14 | | facilities to outside; | 15 | | (3) the upgrading of the gas distribution system from a | 16 | | low pressure to a medium pressure system, including | 17 | | installation of high-pressure facilities to support the | 18 | | upgrade; | 19 | | (4) modernization investments by a combination | 20 | | utility, as defined in subsection (b) of Section 16-108.5 | 21 | | of this Act, to install: | 22 | | (A) advanced gas meters in connection with the | 23 | | installation of advanced electric meters pursuant to | 24 | | Sections 16-108.5 and 16-108.6 of this Act; and | 25 | | (B) the communications hardware and software and | 26 | | associated system software that creates a network |
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| 1 | | between advanced gas meters and utility business | 2 | | systems and allows the collection and distribution of | 3 | | gas-related information to customers and other parties | 4 | | in addition to providing information to the utility | 5 | | itself; | 6 | | (5) replacing high-pressure transmission pipelines and | 7 | | associated facilities identified as having a higher risk of | 8 | | leakage or failure or installing or replacing | 9 | | high-pressure transmission pipelines and associated | 10 | | facilities to establish records and maximum allowable | 11 | | operating pressures; | 12 | | (6) replacing difficult to locate mains and service | 13 | | pipes and associated facilities; and | 14 | | (7) replacing or installing transmission and | 15 | | distribution regulator stations, regulators, valves, and | 16 | | associated facilities to establish over-pressure | 17 | | protection. | 18 | | With respect to the installation of the facilities | 19 | | identified in paragraph (1) of subsection (b) of this Section, | 20 | | the natural gas utility shall determine priorities for such | 21 | | installation with consideration of projects either: (i) | 22 | | integral to a general government public facilities improvement | 23 | | program or (ii) ranked in the highest risk categories in the | 24 | | utility's most recent Distribution Integrity Management Plan | 25 | | where removal or replacement is the remedial measure. | 26 | | (c) Qualifying infrastructure investment, defined in |
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| 1 | | subsection (b) of this Section, recoverable through a tariff | 2 | | authorized by subsection (a) of this Section, shall not include | 3 | | costs or expenses incurred in the ordinary course of business | 4 | | for the ongoing or routine operations of the utility, | 5 | | including, but not limited to: | 6 | | (1) operating and maintenance costs; and | 7 | | (2) costs of facilities that are revenue-producing, | 8 | | which means facilities that are constructed or installed | 9 | | for the purpose of serving new customers. | 10 | | (d) Gas utility commitments. A natural gas utility that has | 11 | | in effect a natural gas surcharge tariff pursuant to this | 12 | | Section shall: | 13 | | (1) recognize that the General Assembly identifies | 14 | | improved public safety and reliability of natural gas | 15 | | facilities as the cornerstone upon which this Section is | 16 | | designed, and qualifying projects should be encouraged, | 17 | | selected, and prioritized based on these factors; and | 18 | | (2) provide information to the Commission as requested | 19 | | to demonstrate that (i) the projects included in the tariff | 20 | | are indeed qualifying projects and (ii) the projects are | 21 | | selected and prioritized taking into account improved | 22 | | public safety and reliability. | 23 | | (3) The amount of qualifying infrastructure investment | 24 | | eligible for recovery under the tariff in the applicable | 25 | | calendar year is limited to the lesser of (i) the actual | 26 | | qualifying infrastructure plant placed in service in the |
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| 1 | | applicable calendar year and (ii) the difference by which | 2 | | total plant additions in the applicable calendar year | 3 | | exceed the baseline amount, and subject to the limitation | 4 | | in subsection (g) of this Section. A natural gas utility | 5 | | can recover the costs of qualifying infrastructure | 6 | | investments through an approved surcharge tariff from the | 7 | | beginning of each calendar year subject to the | 8 | | reconciliation initiated under paragraph (2) of subsection | 9 | | (e) of this Section, during which the Commission may make | 10 | | adjustments to ensure that the limits defined in this | 11 | | paragraph are not exceeded. Further, if total plant | 12 | | additions in a calendar year do not exceed the baseline | 13 | | amount in the applicable calendar year, the Commission, | 14 | | during the reconciliation initiated under paragraph (2) of | 15 | | subsection (e) of this Section for the applicable calendar | 16 | | year, shall adjust the amount of qualifying infrastructure | 17 | | investment eligible for recovery under the tariff to zero. | 18 | | (4) For purposes of this Section, "baseline amount" | 19 | | means an amount equal to the utility's average of total | 20 | | depreciation expense, as reported on page 336, column (b) | 21 | | of the utility's ILCC Form 21, for the calendar years 2006 | 22 | | through 2010. | 23 | | (e) Review of investment. | 24 | | (1) The amount of qualifying infrastructure investment | 25 | | shall be shown on an Information Sheet supplemental to the | 26 | | surcharge tariff and filed with the Commission monthly or |
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| 1 | | some other time period at the option of the utility. The | 2 | | Information Sheet shall be accompanied by data showing the | 3 | | calculation of the qualifying infrastructure investment | 4 | | adjustment. Unless otherwise ordered by the Commission, | 5 | | each qualifying infrastructure investment adjustment shown | 6 | | on an Information Sheet shall become effective pursuant to | 7 | | the utility's approved tariffs. | 8 | | (2) For each calendar year in which a surcharge tariff | 9 | | is in effect, the natural gas utility shall file a petition | 10 | | with the Commission to initiate hearings to reconcile | 11 | | amounts billed under each surcharge authorized pursuant to | 12 | | this Section with the actual prudently incurred costs | 13 | | recoverable under this tariff in the preceding year. The | 14 | | petition filed by the natural gas utility shall include | 15 | | testimony and schedules that support the accuracy and the | 16 | | prudence of the qualifying infrastructure investment for | 17 | | the calendar year being reconciled. The petition filed | 18 | | shall also include the number of jobs attributable to the | 19 | | natural gas surcharge tariff as required by rule. The | 20 | | review of the utility's investment shall include | 21 | | identification and review of all plant that was ranked | 22 | | within the highest risk categories in that utility's most | 23 | | recent Distribution Integrity Management Plan. | 24 | | (f) The rate of return applied shall be the overall rate of | 25 | | return authorized by the Commission in the utility's last gas | 26 | | rate case. |
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| 1 | | (g) The cumulative amount of increases billed under the | 2 | | surcharge, since the utility's most recent delivery service | 3 | | rate order, shall not exceed an annual average 4% of the | 4 | | utility's delivery base rate revenues, but shall not exceed | 5 | | 5.5% in any given year. On the effective date of new delivery | 6 | | base rates, the surcharge shall be reduced to zero with respect | 7 | | to qualifying infrastructure investment that is transferred to | 8 | | the rate base used to establish the utility's delivery base | 9 | | rates, provided that the utility may continue to charge or | 10 | | refund any reconciliation adjustment determined pursuant to | 11 | | subsection (e) of this Section. | 12 | | (h) If a gas utility obtains a surcharge tariff under this | 13 | | Section 9-220.3, then it and its affiliates are excused from | 14 | | the rate case filing requirements contained in Sections | 15 | | 9-220(h) and 9-220(h-1). In the event a natural gas utility, | 16 | | prior to the effective date of this amendatory Act of the 98th | 17 | | General Assembly, made a rate case filing that is still pending | 18 | | on the effective date of this amendatory Act of the 98th | 19 | | General Assembly, the natural gas utility may, at the time it | 20 | | files its surcharge tariff with the Commission, also file a | 21 | | notice with the Commission to withdraw its rate case filing. | 22 | | Any affiliate of such natural gas utility may also file to | 23 | | withdraw its rate case filing. Upon receipt of such notice, the | 24 | | Commission shall dismiss the rate case filing with prejudice | 25 | | and such tariffs and the record related thereto shall not be | 26 | | the subject of any further hearing, investigation, or |
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| 1 | | proceeding of any kind related to rates for gas delivery | 2 | | services. Notwithstanding the foregoing, a natural gas utility | 3 | | shall not be permitted to withdraw a rate case filing for which | 4 | | a proposed order recommending a rate reduction is pending. A | 5 | | natural gas utility shall not be permitted to withdraw the gas | 6 | | delivery services tariffs that are the subject of Commission | 7 | | Docket Nos. 12-0511/12-0512 (cons.). None of the costs incurred | 8 | | for the withdrawn rate case are recoverable from ratepayers. | 9 | | (i) The Commission shall promulgate rules and regulations | 10 | | to carry out the provisions of this Section under the emergency | 11 | | rulemaking provisions set forth in Section 5-45 of the Illinois | 12 | | Administrative Procedure Act, and such emergency rules shall be | 13 | | effective no later than 30 days after the effective date of | 14 | | this amendatory Act of the 98th General Assembly. | 15 | | (i-5) For each natural gas utility with a tariff effective | 16 | | under this Section in any calendar year, the Commission shall | 17 | | annually report to the General Assembly the following: | 18 | | (1) the gas utility's projects described under | 19 | | subsection (b) of this Section; | 20 | | (2) the projected timeline for the replacement of the | 21 | | cast iron and bare and vintage steel in each utility's | 22 | | system; and | 23 | | (3) whether that timeline is adequate to address public | 24 | | safety concerns and the reliability of natural gas | 25 | | facilities. | 26 | | The report shall be submitted no later than December 1 for |
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| 1 | | the prior calendar year. The first report will be due December | 2 | | 1, 2019. | 3 | | (j) This Section is repealed December 31, 2023.
| 4 | | (Source: P.A. 98-57, eff. 7-5-13.) | 5 | | (220 ILCS 5/9-228 new) | 6 | | Sec. 9-228. Consideration of gas main extension costs. | 7 | | Whenever a gas public utility connects a new customer to its | 8 | | gas distribution system, any costs associated with investments | 9 | | in plant addition beyond that provided for in rules adopted by | 10 | | the Commission and in excess of any refundable payment or | 11 | | nonrefundable payment by the new customer for the connection | 12 | | shall be excluded from a cost-recovery mechanism that allocates | 13 | | the excess cost among existing customers. | 14 | | (220 ILCS 5/9-235 new) | 15 | | Sec. 9-235. Tariffed gas main extension provisions. No | 16 | | later than 60 days after the effective date of this amendatory | 17 | | Act of the 101st General Assembly, the Commission shall | 18 | | initiate a docketed investigation reviewing each gas public | 19 | | utility tariff that provides for gas main extensions without | 20 | | additional charge to new customers in excess of the default | 21 | | extensions without charge as specified in 83 Ill. Adm. Code | 22 | | 501. While the primary focus of the investigations shall be to | 23 | | determine whether existing customers are subsidizing the | 24 | | connection of new customers to the gas distribution system, the |
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| 1 | | Commission is not restricted in considering other issues | 2 | | related to gas main extensions. To the extent that | 3 | | subsidization by existing customers is occurring beyond that | 4 | | provided for in rules adopted by the Commission, the Commission | 5 | | shall appropriately modify or cancel the tariff to eliminate | 6 | | any future subsidization. If the Commission modifies a gas | 7 | | utility's gas main extension tariff, the utility shall either | 8 | | accept or reject the modifications through an appropriate | 9 | | filing with the Commission within 10 days after the | 10 | | Commission's order. If the utility rejects the modifications, | 11 | | the Commission shall cancel the tariff and the Commission's gas | 12 | | main extension rules in 83 Ill. Adm. Code 501 shall govern gas | 13 | | main extensions for that utility. During investigations under | 14 | | this Section, the relevant provisions of the gas utility's gas | 15 | | main extension tariff shall be suspended and the Commission's | 16 | | gas main extension rules in 83 Ill. Adm. Code 501 shall govern | 17 | | until the conclusion of the investigations. This
Section does | 18 | | not apply to a gas utility that on January 1, 2019 provided gas | 19 | | service to
fewer than 100,000 customers in Illinois. | 20 | | (220 ILCS 5/9-237 new) | 21 | | Sec. 9-237. Gas main extension rulemaking. No later than 60 | 22 | | days after the effective date of this amendatory Act of the | 23 | | 101st General Assembly, the Commission shall initiate a | 24 | | rulemaking proceeding providing for rules to establish a | 25 | | uniform method by which a natural gas public utility determines |
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| 1 | | the value of a gas main extension provided to new customers | 2 | | without additional charge.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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