Full Text of HB4383 102nd General Assembly
HB4383eng 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 | | Sections 8-406 and 8-406.1 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 | 15 | | Public Utilities Commission, at the time Public Act 84-617 | 16 | | this amendatory Act of 1985 goes
into effect (January 1, | 17 | | 1986) , shall transact any business in this State until it | 18 | | shall have
obtained a certificate from the Commission that | 19 | | public convenience and
necessity require the transaction of | 20 | | such business. A certificate of public convenience and | 21 | | necessity requiring the transaction of public utility business | 22 | | in any area of this State shall include authorization to the | 23 | | public utility receiving the certificate of public convenience |
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| 1 | | and necessity to construct such plant, equipment, property, or | 2 | | facility as is provided for under the terms and conditions of | 3 | | its tariff and as is necessary to provide utility service and | 4 | | carry out the transaction of public utility business by the | 5 | | public utility in the designated area. | 6 | | (b) No public utility shall begin the construction of any | 7 | | new plant,
equipment, property , or facility which is not in | 8 | | substitution of any
existing plant, equipment, property , or | 9 | | facility , or any extension or
alteration thereof or in | 10 | | addition thereto,
unless and until it shall have obtained from | 11 | | the
Commission a certificate that public convenience and | 12 | | necessity require such
construction. Whenever after a hearing | 13 | | the Commission determines that any
new construction or the | 14 | | transaction of any business by a public utility will
promote | 15 | | the public convenience and is necessary thereto, it shall have | 16 | | the
power to issue certificates of public convenience and | 17 | | necessity. The
Commission shall determine that proposed | 18 | | construction will promote the
public convenience and necessity | 19 | | only if the utility demonstrates: (1) that the
proposed | 20 | | construction is necessary to provide adequate, reliable, and
| 21 | | efficient service to its customers and is the
least-cost means | 22 | | of
satisfying the service needs of its customers or that the | 23 | | proposed construction will promote the development of an | 24 | | effectively competitive electricity market that operates | 25 | | efficiently, is equitable to all customers, and is the least | 26 | | cost means of satisfying those objectives;
(2) that the |
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| 1 | | utility is capable of efficiently managing and
supervising the | 2 | | construction process and has taken sufficient action to
ensure | 3 | | adequate and efficient construction and supervision thereof; | 4 | | and (3)
that the utility is capable of financing the proposed | 5 | | construction without
significant adverse financial | 6 | | consequences for the utility or its
customers. | 7 | | (b-5) As used in this subsection (b-5): | 8 | | "Qualifying direct current applicant" means an entity that | 9 | | seeks to provide direct current bulk transmission service for | 10 | | the purpose of transporting electric energy in interstate | 11 | | commerce. | 12 | | "Qualifying direct current project" means a high voltage | 13 | | direct current electric service line that crosses at least one | 14 | | Illinois border, the Illinois portion of which is physically | 15 | | located within the region of the Midcontinent Independent | 16 | | System Operator, Inc., or its successor organization, and runs | 17 | | through the counties of Pike, Scott, Greene, Macoupin, | 18 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is | 19 | | capable of transmitting electricity at voltages of 345 | 20 | | kilovolts 345kv or above, and may also include associated | 21 | | interconnected alternating current interconnection facilities | 22 | | in this State that are part of the proposed project and | 23 | | reasonably necessary to connect the project with other | 24 | | portions of the grid. | 25 | | Notwithstanding any other provision of this Act, a | 26 | | qualifying direct current applicant that does not own, |
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| 1 | | control, operate, or manage, within this State, any plant, | 2 | | equipment, or property used or to be used for the transmission | 3 | | of electricity at the time of its application or of the | 4 | | Commission's order may file an application on or before | 5 | | December 31, 2023 with the Commission pursuant to this Section | 6 | | or Section 8-406.1 for, and the Commission may grant, a | 7 | | certificate of public convenience and necessity to construct, | 8 | | operate, and maintain a qualifying direct current project. The | 9 | | qualifying direct current applicant may also include in the | 10 | | application requests for authority under Section 8-503. The | 11 | | Commission shall grant the application for a certificate of | 12 | | public convenience and necessity and requests for authority | 13 | | under Section 8-503 if it finds that the qualifying direct | 14 | | current applicant and the proposed qualifying direct current | 15 | | project satisfy the requirements of this subsection and | 16 | | otherwise satisfy the criteria of this Section or Section | 17 | | 8-406.1 and the criteria of Section 8-503, as applicable to | 18 | | the application and to the extent such criteria are not | 19 | | superseded by the provisions of this subsection. The | 20 | | Commission's order on the application for the certificate of | 21 | | public convenience and necessity shall also include the | 22 | | Commission's findings and determinations on the request or | 23 | | requests for authority pursuant to Section 8-503. Prior to | 24 | | filing its application under either this Section or Section | 25 | | 8-406.1, the qualifying direct current applicant shall conduct | 26 | | 3 public meetings in accordance with subsection (h) of this |
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| 1 | | Section. If the qualifying direct current applicant | 2 | | demonstrates in its application that the proposed qualifying | 3 | | direct current project is designed to deliver electricity to a | 4 | | point or points on the electric transmission grid in either or | 5 | | both the PJM Interconnection, LLC or the Midcontinent | 6 | | Independent System Operator, Inc., or their respective | 7 | | successor organizations, the proposed qualifying direct | 8 | | current project shall be deemed to be, and the Commission | 9 | | shall find it to be, for public use. If the qualifying direct | 10 | | current applicant further demonstrates in its application that | 11 | | the proposed transmission project has a capacity of 1,000 | 12 | | megawatts or larger and a voltage level of 345 kilovolts or | 13 | | greater, the proposed transmission project shall be deemed to | 14 | | satisfy, and the Commission shall find that it satisfies, the | 15 | | criteria stated in item (1) of subsection (b) of this Section | 16 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as | 17 | | applicable to the application, without the taking of | 18 | | additional evidence on these criteria. Prior to the transfer | 19 | | of functional control of any transmission assets to a regional | 20 | | transmission organization, a qualifying direct current | 21 | | applicant shall request Commission approval to join a regional | 22 | | transmission organization in an application filed pursuant to | 23 | | this subsection (b-5) or separately pursuant to Section 7-102 | 24 | | of this Act. The Commission may grant permission to a | 25 | | qualifying direct current applicant to join a regional | 26 | | transmission organization if it finds that the membership, and |
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| 1 | | associated transfer of functional control of transmission | 2 | | assets, benefits Illinois customers in light of the attendant | 3 | | costs and is otherwise in the public interest. Nothing in this | 4 | | subsection (b-5) requires a qualifying direct current | 5 | | applicant to join a regional transmission organization. | 6 | | Nothing in this subsection (b-5) requires the owner or | 7 | | operator of a high voltage direct current transmission line | 8 | | that is not a qualifying direct current project to obtain a | 9 | | certificate of public convenience and necessity to the extent | 10 | | it is not otherwise required by this Section 8-406 or any other | 11 | | provision of this Act. | 12 | | (c) After September 11, 1987 ( the effective date of Public | 13 | | Act 85-377) this amendatory Act of 1987 , no
construction shall | 14 | | commence on any new nuclear
power plant to be located within | 15 | | this State, and no certificate of public
convenience and | 16 | | necessity or other authorization shall be issued therefor
by | 17 | | the Commission, until the Director of the Illinois | 18 | | Environmental
Protection Agency finds that the United States | 19 | | Government, through its
authorized agency, has identified and | 20 | | approved a demonstrable technology or
means for the disposal | 21 | | of high level nuclear waste, or until such
construction has | 22 | | been specifically approved by a statute enacted by the General
| 23 | | Assembly. | 24 | | As used in this Section, "high level nuclear waste" means | 25 | | those aqueous
wastes resulting from the operation of the first | 26 | | cycle of the solvent
extraction system or equivalent and the |
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| 1 | | concentrated wastes of the
subsequent extraction cycles or | 2 | | equivalent in a facility for reprocessing
irradiated reactor | 3 | | fuel and shall include spent fuel assemblies prior to
fuel | 4 | | reprocessing. | 5 | | (d) In making its determination under subsection (b) of | 6 | | this Section, the Commission shall attach primary
weight to | 7 | | the cost or cost savings to the customers of the utility. The
| 8 | | Commission may consider any or all factors which will or may | 9 | | affect such
cost or cost savings, including the public | 10 | | utility's engineering judgment regarding the materials used | 11 | | for construction. | 12 | | (e) The Commission may issue a temporary certificate which | 13 | | shall remain
in force not to exceed one year in cases of | 14 | | emergency, to assure maintenance
of adequate service or to | 15 | | serve particular customers, without notice or
hearing, pending | 16 | | the determination of an application for a certificate, and
may | 17 | | by regulation exempt from the requirements of this Section | 18 | | temporary
acts or operations for which the issuance of a | 19 | | certificate will not be
required in the public interest. | 20 | | A public utility shall not be required to obtain but may | 21 | | apply for and
obtain a certificate of public convenience and | 22 | | necessity pursuant to this
Section with respect to any matter | 23 | | as to which it has received the
authorization or order of the | 24 | | Commission under the Electric Supplier Act,
and any such | 25 | | authorization or order granted a public utility by the
| 26 | | Commission under that Act shall as between public utilities be |
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| 1 | | deemed to
be, and shall have except as provided in that Act the | 2 | | same force and effect
as, a certificate of public convenience | 3 | | and necessity issued pursuant to this
Section. | 4 | | No electric cooperative shall be made or shall become a | 5 | | party to or shall
be entitled to be heard or to otherwise | 6 | | appear or participate in any
proceeding initiated under this | 7 | | Section for authorization of power plant
construction and as | 8 | | to matters as to which a remedy is available under the
Electric | 9 | | Supplier Act. | 10 | | (f) Such certificates may be altered or modified by the | 11 | | Commission, upon
its own motion or upon application by the | 12 | | person or corporation affected.
Unless exercised within a | 13 | | period of 2 years from the grant thereof ,
authority conferred | 14 | | by a certificate of convenience and necessity issued by
the | 15 | | Commission shall be null and void. | 16 | | No certificate of public convenience and necessity shall | 17 | | be construed as
granting a monopoly or an exclusive privilege, | 18 | | immunity or franchise. | 19 | | (g) A public utility that undertakes any of the actions | 20 | | described in items (1) through (3) of this subsection (g) or | 21 | | that has obtained approval pursuant to Section 8-406.1 of this | 22 | | Act shall not be required to comply with the requirements of | 23 | | this Section to the extent such requirements otherwise would | 24 | | apply. For purposes of this Section and Section 8-406.1 of | 25 | | this Act, "high voltage electric service line" means an | 26 | | electric line having a design voltage of 100,000 or more. For |
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| 1 | | purposes of this subsection (g), a public utility may do any of | 2 | | the following: | 3 | | (1) replace or upgrade any existing high voltage | 4 | | electric service line and related facilities, | 5 | | notwithstanding its length; | 6 | | (2) relocate any existing high voltage electric | 7 | | service line and related facilities, notwithstanding its | 8 | | length, to accommodate construction or expansion of a | 9 | | roadway or other transportation infrastructure; or | 10 | | (3) construct a high voltage electric service line and | 11 | | related facilities that is constructed solely to serve a | 12 | | single customer's premises or to provide a generator | 13 | | interconnection to the public utility's transmission | 14 | | system and that will pass under or over the premises owned | 15 | | by the customer or generator to be served or under or over | 16 | | premises for which the customer or generator has secured | 17 | | the necessary right of way. | 18 | | (h) A public utility seeking to construct a high-voltage | 19 | | electric service line and related facilities (Project) must | 20 | | show that the utility has held a minimum of 2 pre-filing public | 21 | | meetings to receive public comment concerning the Project in | 22 | | each county where the Project is to be located, no earlier than | 23 | | 6 months prior to filing an application for a certificate of | 24 | | public convenience and necessity from the Commission. Notice | 25 | | of the public meeting shall be published in a newspaper of | 26 | | general circulation within the affected county once a week for |
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| 1 | | 3 consecutive weeks, beginning no earlier than one month prior | 2 | | to the first public meeting. If the Project traverses 2 | 3 | | contiguous counties and where in one county the transmission | 4 | | line mileage and number of landowners over whose property the | 5 | | proposed route traverses is one-fifth or less of the | 6 | | transmission line mileage and number of such landowners of the | 7 | | other county, then the utility may combine the 2 pre-filing | 8 | | meetings in the county with the greater transmission line | 9 | | mileage and affected landowners. All other requirements | 10 | | regarding pre-filing meetings shall apply in both counties. | 11 | | Notice of the public meeting, including a description of the | 12 | | Project, must be provided in writing to the clerk of each | 13 | | county where the Project is to be located. A representative of | 14 | | the Commission shall be invited to each pre-filing public | 15 | | meeting. | 16 | | (i) For applications filed after August 18, 2015 ( the | 17 | | effective date of Public Act 99-399) this amendatory Act of | 18 | | the 99th General Assembly , the Commission shall , by certified | 19 | | mail, registered mail notify each owner of record of land, as | 20 | | identified in the records of the relevant county tax assessor, | 21 | | included in the right-of-way over which the utility seeks in | 22 | | its application to construct a high-voltage electric line of | 23 | | the time and place scheduled for the initial hearing on the | 24 | | public utility's application. The utility shall reimburse the | 25 | | Commission for the cost of the postage and supplies incurred | 26 | | for mailing the notice. |
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| 1 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | 2 | | revised 10-21-21.) | 3 | | (220 ILCS 5/8-406.1) | 4 | | Sec. 8-406.1. Certificate of public convenience and | 5 | | necessity; expedited procedure. | 6 | | (a) A public utility may apply for a certificate of public | 7 | | convenience and necessity pursuant to this Section for the | 8 | | construction of any new high voltage electric service line and | 9 | | related facilities (Project). To facilitate the expedited | 10 | | review process of an application filed pursuant to this | 11 | | Section, an application shall include all of the following: | 12 | | (1) Information in support of the application that | 13 | | shall include the following: | 14 | | (A) A detailed description of the Project, | 15 | | including location maps and plot plans to scale | 16 | | showing all major components. | 17 | | (B) The following engineering data: | 18 | | (i) a detailed Project description including: | 19 | | (I) name and destination of the Project; | 20 | | (II) design voltage rating (kV); | 21 | | (III) operating voltage rating (kV); and | 22 | | (IV) normal peak operating current rating; | 23 | | (ii) a conductor, structures, and substations | 24 | | description including: | 25 | | (I) conductor size and type; |
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| 1 | | (II) type of structures; | 2 | | (III) height of typical structures; | 3 | | (IV) an explanation why these structures | 4 | | were selected; | 5 | | (V) dimensional drawings of the typical | 6 | | structures to be used in the Project; and | 7 | | (VI) a list of the names of all new (and | 8 | | existing if applicable) substations or | 9 | | switching stations that will be associated | 10 | | with the proposed new high voltage electric | 11 | | service line; | 12 | | (iii) the location of the site and | 13 | | right-of-way including: | 14 | | (I) miles of right-of-way; | 15 | | (II) miles of circuit; | 16 | | (III) width of the right-of-way; and | 17 | | (IV) a brief description of the area | 18 | | traversed by the proposed high voltage | 19 | | electric service line, including a description | 20 | | of the general land uses in the area and the | 21 | | type of terrain crossed by the proposed line; | 22 | | (iv) assumptions, bases, formulae, and methods | 23 | | used in the development and preparation of the | 24 | | diagrams and accompanying data, and a technical | 25 | | description providing the following information: | 26 | | (I) number of circuits, with |
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| 1 | | identification as to whether the circuit is | 2 | | overhead or underground; | 3 | | (II) the operating voltage and frequency; | 4 | | and | 5 | | (III) conductor size and type and number | 6 | | of conductors per phase; | 7 | | (v) if the proposed interconnection is an | 8 | | overhead line, the following additional | 9 | | information also must be provided: | 10 | | (I) the wind and ice loading design | 11 | | parameters; | 12 | | (II) a full description and drawing of a | 13 | | typical supporting structure, including | 14 | | strength specifications; | 15 | | (III) structure spacing with typical | 16 | | ruling and maximum spans; | 17 | | (IV) conductor (phase) spacing; and | 18 | | (V) the designed line-to-ground and | 19 | | conductor-side clearances; | 20 | | (vi) if an underground or underwater | 21 | | interconnection is proposed, the following | 22 | | additional information also must be provided: | 23 | | (I) burial depth; | 24 | | (II) type of cable and a description of | 25 | | any required supporting equipment, such as | 26 | | insulation medium pressurizing or forced |
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| 1 | | cooling; | 2 | | (III) cathodic protection scheme; and | 3 | | (IV) type of dielectric fluid and | 4 | | safeguards used to limit potential spills in | 5 | | waterways; | 6 | | (vii) technical diagrams that provide | 7 | | clarification of any item under this item (1) | 8 | | should be included; and | 9 | | (viii) applicant shall provide and identify a | 10 | | primary right-of-way and one or more alternate | 11 | | rights-of-way for the Project as part of the | 12 | | filing. To the extent applicable, for each | 13 | | right-of-way, an applicant shall provide the | 14 | | information described in this subsection (a). Upon | 15 | | a showing of good cause in its filing, an | 16 | | applicant may be excused from providing and | 17 | | identifying alternate rights-of-way. | 18 | | (2) An application fee of $100,000, which shall be | 19 | | paid into the Public Utility Fund at the time the Chief | 20 | | Clerk of the Commission deems it complete and accepts the | 21 | | filing. | 22 | | (3) Information showing that the utility has held a | 23 | | minimum of 3 pre-filing public meetings to receive public | 24 | | comment concerning the Project in each county where the | 25 | | Project is to be located, no earlier than 6 months prior to | 26 | | the filing of the application. Notice of the public |
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| 1 | | meeting shall be published in a newspaper of general | 2 | | circulation within the affected county once a week for 3 | 3 | | consecutive weeks, beginning no earlier than one month | 4 | | prior to the first public meeting. If the Project | 5 | | traverses 2 contiguous counties and where in one county | 6 | | the transmission line mileage and number of landowners | 7 | | over whose property the proposed route traverses is 1/5 or | 8 | | less of the transmission line mileage and number of such | 9 | | landowners of the other county, then the utility may | 10 | | combine the 3 pre-filing meetings in the county with the | 11 | | greater transmission line mileage and affected landowners. | 12 | | All other requirements regarding pre-filing meetings shall | 13 | | apply in both counties. Notice of the public meeting, | 14 | | including a description of the Project, must be provided | 15 | | in writing to the clerk of each county where the Project is | 16 | | to be located. A representative of the Commission shall be | 17 | | invited to each pre-filing public meeting. | 18 | | For applications filed after the effective date of this | 19 | | amendatory Act of the 99th General Assembly, the Commission | 20 | | shall , by certified mail, registered mail notify each owner of | 21 | | record of the land, as identified in the records of the | 22 | | relevant county tax assessor, included in the primary or | 23 | | alternate rights-of-way identified in the utility's | 24 | | application of the time and place scheduled for the initial | 25 | | hearing upon the public utility's application. The utility | 26 | | shall reimburse the Commission for the cost of the postage and |
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| 1 | | supplies incurred for mailing the notice. | 2 | | (b) At the first status hearing the administrative law | 3 | | judge shall set a schedule for discovery that shall take into | 4 | | consideration the expedited nature of the proceeding. | 5 | | (c) Nothing in this Section prohibits a utility from | 6 | | requesting, or the Commission from approving, protection of | 7 | | confidential or proprietary information under applicable law. | 8 | | The public utility may seek confidential protection of any of | 9 | | the information provided pursuant to this Section, subject to | 10 | | Commission approval. | 11 | | (d) The public utility shall publish notice of its | 12 | | application in the official State newspaper within 10 days | 13 | | following the date of the application's filing. | 14 | | (e) The public utility shall establish a dedicated website | 15 | | for the Project 3 weeks prior to the first public meeting and | 16 | | maintain the website until construction of the Project is | 17 | | complete. The website address shall be included in all public | 18 | | notices. | 19 | | (f) The Commission shall, after notice and hearing, grant | 20 | | a certificate of public convenience and necessity filed in | 21 | | accordance with the requirements of this Section if, based | 22 | | upon the application filed with the Commission and the | 23 | | evidentiary record, it finds the Project will promote the | 24 | | public convenience and necessity and that all of the following | 25 | | criteria are satisfied: | 26 | | (1) That the Project is necessary to provide adequate, |
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| 1 | | reliable, and efficient service to the public utility's | 2 | | customers and is the least-cost means of satisfying the | 3 | | service needs of the public utility's customers or that | 4 | | the Project will promote the development of an effectively | 5 | | competitive electricity market that operates efficiently, | 6 | | is equitable to all customers, and is the least cost means | 7 | | of satisfying those objectives. | 8 | | (2) That the public utility is capable of efficiently | 9 | | managing and supervising the construction process and has | 10 | | taken sufficient action to ensure adequate and efficient | 11 | | construction and supervision of the construction. | 12 | | (3) That the public utility is capable of financing | 13 | | the proposed construction without significant adverse | 14 | | financial consequences for the utility or its customers. | 15 | | (g) The Commission shall issue its decision with findings | 16 | | of fact and conclusions of law granting or denying the | 17 | | application no later than 150 days after the application is | 18 | | filed. The Commission may extend the 150-day deadline upon | 19 | | notice by an additional 75 days if, on or before the 30th day | 20 | | after the filing of the application, the Commission finds that | 21 | | good cause exists to extend the 150-day period. | 22 | | (h) In the event the Commission grants a public utility's | 23 | | application for a certificate pursuant to this Section, the | 24 | | public utility shall pay a one-time construction fee to each | 25 | | county in which the Project is constructed within 30 days | 26 | | after the completion of construction. The construction fee |
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| 1 | | shall be $20,000 per mile of high voltage electric service | 2 | | line constructed in that county, or a proportionate fraction | 3 | | of that fee. The fee shall be in lieu of any permitting fees | 4 | | that otherwise would be imposed by a county. Counties | 5 | | receiving a payment under this subsection (h) may distribute | 6 | | all or portions of the fee to local taxing districts in that | 7 | | county. | 8 | | (i) Notwithstanding any other provisions of this Act, a | 9 | | decision granting a certificate under this Section shall | 10 | | include an order pursuant to Section 8-503 of this Act | 11 | | authorizing or directing the construction of the high voltage | 12 | | electric service line and related facilities as approved by | 13 | | the Commission, in the manner and within the time specified in | 14 | | said order.
| 15 | | (Source: P.A. 99-399, eff. 8-18-15.)
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