Full Text of HB0002 96th General Assembly
HB0002eng 96TH GENERAL ASSEMBLY
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HB0002 Engrossed |
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LRB096 02908 MJR 12922 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 9-201 as follows:
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| (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
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| Sec. 9-201.
(a) Unless the Commission otherwise orders, and | 8 |
| except as
otherwise provided in this Section, no change shall | 9 |
| be made by any
public utility in any rate or other charge or | 10 |
| classification, or in any
rule, regulation, practice or | 11 |
| contract relating to or affecting any rate
or other charge, | 12 |
| classification or service, or in any privilege or
facility, | 13 |
| except after 45 days' notice to the Commission and to the
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| public as herein provided. Such notice shall be given by filing | 15 |
| with
the Commission and keeping open for public inspection new | 16 |
| schedules or
supplements stating plainly the change or changes | 17 |
| to be made in the
schedule or schedules then in force, and the | 18 |
| time when the change or
changes will go into effect, and by | 19 |
| publication in a newspaper of
general circulation or such other | 20 |
| notice to persons affected by such
change as may be prescribed | 21 |
| by rule of the Commission. The Commission,
for good cause | 22 |
| shown, may allow changes without requiring the 45 days'
notice | 23 |
| herein provided for, by an order specifying the changes so to |
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HB0002 Engrossed |
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LRB096 02908 MJR 12922 b |
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| be
made and the time when they shall take effect and the manner | 2 |
| in which
they shall be filed and published.
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| When any change is proposed in any rate or other charge, or
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| classification, or in any rule, regulation, practice, or | 5 |
| contract
relating to or affecting any rate or other charge, | 6 |
| classification or
service, or in any privilege or facility, | 7 |
| such proposed change shall be
plainly indicated on the new | 8 |
| schedule filed with the Commission, by some
character to be | 9 |
| designated by the Commission, immediately preceding or
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| following the item.
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| When any public utility providing water or sewer service | 12 |
| proposes any
change in any rate or other charge, or | 13 |
| classification, or in any rule,
regulation, practice, or | 14 |
| contract relating to or affecting any rate or
other charge, | 15 |
| classification or service, or in any privilege or facility,
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| such utility shall, in addition to the other notice | 17 |
| requirements of this
Act, provide notice of such change to all | 18 |
| customers potentially affected by
including a notice and | 19 |
| description of such change, and of Commission
procedures for | 20 |
| intervention, in the first bill sent to each such customer
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| after the filing of the proposed change.
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| (b) Whenever there shall be filed with the Commission any | 23 |
| schedule
stating an individual or joint rate or other charge, | 24 |
| classification,
contract, practice, rule or regulation, the | 25 |
| Commission shall have power,
and it is hereby given authority, | 26 |
| either upon complaint or upon its own
initiative without |
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HB0002 Engrossed |
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LRB096 02908 MJR 12922 b |
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| complaint, at once, and if it so orders, without
answer or | 2 |
| other formal pleadings by the interested public utility or
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| utilities, but upon reasonable notice, to enter upon a hearing
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| concerning the propriety of such rate or other charge, | 5 |
| classification,
contract, practice, rule or regulation, and | 6 |
| pending the hearing and
decision thereon, such rate or other | 7 |
| charge, classification, contract,
practice, rule or regulation | 8 |
| shall not go into effect. The period of
suspension of such rate | 9 |
| or other charge, classification, contract,
practice, rule or | 10 |
| regulation shall not extend more than 105 days beyond
the time | 11 |
| when such rate or other charge, classification, contract,
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| practice, rule or regulation would otherwise go into effect | 13 |
| unless the
Commission, in its discretion, extends the period of | 14 |
| suspension for a
further period not exceeding 6 months.
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| All rates or other charges, classifications, contracts, | 16 |
| practices, rules or
regulations not so suspended shall, on the | 17 |
| expiration of 45 days from
the time of filing the same with the | 18 |
| Commission, or of such lesser time
as the Commission may grant, | 19 |
| go into effect and be the established and
effective rates or | 20 |
| other charges, classifications, contracts, practices,
rules | 21 |
| and regulations, subject to the power of the Commission, after | 22 |
| a
hearing had on its own motion or upon complaint, as herein | 23 |
| provided, to
alter or modify the same.
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| Within 30 days after such changes have been
authorized by | 25 |
| the Commission, copies of the new or revised schedules
shall be | 26 |
| posted or filed in accordance with the terms of Section 9-103 |
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HB0002 Engrossed |
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LRB096 02908 MJR 12922 b |
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| of
this Act, in such a manner that all changes shall be plainly | 2 |
| indicated.
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| (c) If the Commission enters upon a hearing concerning the | 4 |
| propriety of
any proposed rate or other charge, classification, | 5 |
| contract, practice, rule
or regulation, the Commission shall | 6 |
| establish the rates or other charges,
classifications, | 7 |
| contracts, practices, rules or regulations proposed, in
whole | 8 |
| or in part, or others in lieu thereof, which it shall find to | 9 |
| be just
and reasonable. In such hearing, the burden of proof to | 10 |
| establish the justness
and reasonableness of the proposed rates | 11 |
| or other charges, classifications,
contracts, practices, rules | 12 |
| or regulations, in whole and in part, shall be
upon the | 13 |
| utility. No rate or other charge, classification, contract,
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| practice, rule or regulation shall be found just and reasonable | 15 |
| unless it
is consistent with Sections of this Article. | 16 |
| (d) The Commission shall hold oral argument prior to | 17 |
| issuing a final order in a proceeding conducted pursuant to | 18 |
| this Section, if any party that files a post-hearing brief in | 19 |
| the proceeding so requests.
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| (Source: P.A. 84-617.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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