Full Text of HB3113 102nd General Assembly
HB3113enr 102ND 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 8-508 as follows:
| 6 | | (220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
| 7 | | Sec. 8-508.
No public utility shall
abandon or discontinue | 8 | | any service or, in the case of an electric utility,
make any | 9 | | modification as herein defined, without first having secured | 10 | | the
approval of the Commission, except in case of assignment, | 11 | | transfer,
lease or sale of the whole or any part of its | 12 | | franchises, licenses,
permits, plant, equipment, business, or | 13 | | other property to any political
subdivision or municipal | 14 | | corporation of this State. In the case of the
assignment, | 15 | | transfer, lease or sale, in whole or in part, of any franchise,
| 16 | | license, permit, plant, equipment, business or other property | 17 | | to any
political subdivision or municipal corporation of this | 18 | | State, the public
utility shall notify the Commission of such | 19 | | transaction. "Modification" as
used in this Section means any | 20 | | change of fuel type which would result in an
annual net | 21 | | systemwide decreased use of 10% or more of coal mined in | 22 | | Illinois.
The Commission shall conduct public hearings on any | 23 | | request by a public
utility to make such modification and |
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| 1 | | shall accept testimony from interested
parties qualified to | 2 | | provide evidence regarding the cost or cost savings
of the | 3 | | proposed modification as compared with the cost or cost | 4 | | savings of
alternative actions by the utility and shall | 5 | | consider the impact on employment
related to the production of | 6 | | coal in Illinois. Such hearings shall be commenced
no later | 7 | | than 30 days after the filing of the request by the public | 8 | | utility
and shall be concluded within 120 days from the date of | 9 | | filing. The Commission
must issue its final determination | 10 | | within 60 days of the conclusion of the
hearing. In making its | 11 | | determination the Commission shall attach primary
weight to | 12 | | the cost or cost savings to the customers of the utility. In
| 13 | | granting its approval, the Commission may impose such terms, | 14 | | conditions
or requirements as in its judgment are necessary to | 15 | | protect the public
interest. Provided, however, that any | 16 | | public utility abandoning or
discontinuing service in | 17 | | pursuance of authority granted by the
Commission shall be | 18 | | deemed to have waived any and all objections to the
terms, | 19 | | conditions or requirements imposed by the Commission in that
| 20 | | regard. Provided, further, that nothing in this Section shall | 21 | | be
construed to limit the right of a public utility to | 22 | | discontinue service
to individual patrons in accordance with | 23 | | the effective rules,
regulations, and practices of such public | 24 | | utility.
| 25 | | The Commission, after a hearing upon its own motion or | 26 | | upon petition
of any public utility, shall have power by order |
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| 1 | | to authorize or require
any public utility to curtail or | 2 | | discontinue service to individual
customers or classes | 3 | | thereof, or for specific purposes or uses, and
otherwise to | 4 | | regulate the furnishing of service, provided that preference
| 5 | | for service shall be given to those customers serving | 6 | | essential human needs and
governmental agencies performing law | 7 | | enforcement functions, whenever and to the
extent such action | 8 | | is required by the convenience and necessity of the
public | 9 | | during time of war, invasion, insurrection or martial law, or | 10 | | by
reason of a catastrophe, emergency, or shortage of fuel, | 11 | | supplies or
equipment employed or service furnished by such | 12 | | public utility;
provided, however, that an interim order, | 13 | | effective for a period not
exceeding 45 15 days, may be made | 14 | | without a hearing if the circumstances do
not reasonably | 15 | | permit the holding of a hearing. Orders for the
curtailment or | 16 | | discontinuance of service pursuant to this paragraph
shall not | 17 | | be continued in effect for any period beyond that which is
| 18 | | reasonably necessary, shall be vacated by the Commission as | 19 | | soon as
public convenience and necessity permit, and shall | 20 | | include such
arrangements for substitute service in the | 21 | | interim as the Commission in its
judgment may impose. Every | 22 | | such order, during the
period it is in effect and for such | 23 | | further period, if any, as the
Commission may provide, shall | 24 | | have the effect of suspending the
operation of all prior | 25 | | orders or parts of orders of the Commission
inconsistent | 26 | | therewith. No public utility shall be held liable for any
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| 1 | | damage resulting from any action taken, or any omission to | 2 | | act, pursuant
to or in compliance with any order under this | 3 | | paragraph for the
curtailment or discontinuance of service | 4 | | unless such order was procured
by the fraud of the public | 5 | | utility.
| 6 | | (Source: P.A. 100-840, eff. 8-13-18.)
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