Full Text of SB3112 102nd General Assembly
SB3112 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3112 Introduced 1/11/2022, by Sen. Donald P. DeWitte - Chapin Rose SYNOPSIS AS INTRODUCED: |
| 220 ILCS 5/8-406 | from Ch. 111 2/3, par. 8-406 |
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Amends the Public Utilities Act. Removes provisions concerning the application for a certificate of public convenience and necessity to construct, operate, and maintain specified high voltage direct current electric service line projects. Effective immediately.
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| | A BILL FOR |
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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 | 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) (Blank). 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 345kv or | 20 | | above, and may also include associated interconnected | 21 | | alternating current interconnection facilities in this State | 22 | | that are part of the proposed project and reasonably necessary | 23 | | to connect the project with other portions of the grid. | 24 | | Notwithstanding any other provision of this Act, a | 25 | | qualifying direct current applicant that does not own, | 26 | | control, operate, or manage, within this State, any plant, |
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| 1 | | equipment, or property used or to be used for the transmission | 2 | | of electricity at the time of its application or of the | 3 | | Commission's order may file an application on or before | 4 | | December 31, 2023 with the Commission pursuant to this Section | 5 | | or Section 8-406.1 for, and the Commission may grant, a | 6 | | certificate of public convenience and necessity to construct, | 7 | | operate, and maintain a qualifying direct current project. The | 8 | | qualifying direct current applicant may also include in the | 9 | | application requests for authority under Section 8-503. The | 10 | | Commission shall grant the application for a certificate of | 11 | | public convenience and necessity and requests for authority | 12 | | under Section 8-503 if it finds that the qualifying direct | 13 | | current applicant and the proposed qualifying direct current | 14 | | project satisfy the requirements of this subsection and | 15 | | otherwise satisfy the criteria of this Section or Section | 16 | | 8-406.1 and the criteria of Section 8-503, as applicable to | 17 | | the application and to the extent such criteria are not | 18 | | superseded by the provisions of this subsection. The | 19 | | Commission's order on the application for the certificate of | 20 | | public convenience and necessity shall also include the | 21 | | Commission's findings and determinations on the request or | 22 | | requests for authority pursuant to Section 8-503. Prior to | 23 | | filing its application under either this Section or Section | 24 | | 8-406.1, the qualifying direct current applicant shall conduct | 25 | | 3 public meetings in accordance with subsection (h) of this | 26 | | Section. If the qualifying direct current applicant |
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| 1 | | demonstrates in its application that the proposed qualifying | 2 | | direct current project is designed to deliver electricity to a | 3 | | point or points on the electric transmission grid in either or | 4 | | both the PJM Interconnection, LLC or the Midcontinent | 5 | | Independent System Operator, Inc., or their respective | 6 | | successor organizations, the proposed qualifying direct | 7 | | current project shall be deemed to be, and the Commission | 8 | | shall find it to be, for public use. If the qualifying direct | 9 | | current applicant further demonstrates in its application that | 10 | | the proposed transmission project has a capacity of 1,000 | 11 | | megawatts or larger and a voltage level of 345 kilovolts or | 12 | | greater, the proposed transmission project shall be deemed to | 13 | | satisfy, and the Commission shall find that it satisfies, the | 14 | | criteria stated in item (1) of subsection (b) of this Section | 15 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as | 16 | | applicable to the application, without the taking of | 17 | | additional evidence on these criteria. Prior to the transfer | 18 | | of functional control of any transmission assets to a regional | 19 | | transmission organization, a qualifying direct current | 20 | | applicant shall request Commission approval to join a regional | 21 | | transmission organization in an application filed pursuant to | 22 | | this subsection (b-5) or separately pursuant to Section 7-102 | 23 | | of this Act. The Commission may grant permission to a | 24 | | qualifying direct current applicant to join a regional | 25 | | transmission organization if it finds that the membership, and | 26 | | associated transfer of functional control of transmission |
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| 1 | | assets, benefits Illinois customers in light of the attendant | 2 | | costs and is otherwise in the public interest. Nothing in this | 3 | | subsection (b-5) requires a qualifying direct current | 4 | | applicant to join a regional transmission organization. | 5 | | Nothing in this subsection (b-5) requires the owner or | 6 | | operator of a high voltage direct current transmission line | 7 | | that is not a qualifying direct current project to obtain a | 8 | | certificate of public convenience and necessity to the extent | 9 | | it is not otherwise required by this Section 8-406 or any other | 10 | | provision of this Act. | 11 | | (c) After September 11, 1987 ( the effective date of Public | 12 | | Act 85-377) this amendatory Act of 1987 , no
construction shall | 13 | | commence on any new nuclear
power plant to be located within | 14 | | this State, and no certificate of public
convenience and | 15 | | necessity or other authorization shall be issued therefor
by | 16 | | the Commission, until the Director of the Illinois | 17 | | Environmental
Protection Agency finds that the United States | 18 | | Government, through its
authorized agency, has identified and | 19 | | approved a demonstrable technology or
means for the disposal | 20 | | of high level nuclear waste, or until such
construction has | 21 | | been specifically approved by a statute enacted by the General
| 22 | | Assembly. | 23 | | As used in this Section, "high level nuclear waste" means | 24 | | those aqueous
wastes resulting from the operation of the first | 25 | | cycle of the solvent
extraction system or equivalent and the | 26 | | concentrated wastes of the
subsequent extraction cycles or |
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| 1 | | equivalent in a facility for reprocessing
irradiated reactor | 2 | | fuel and shall include spent fuel assemblies prior to
fuel | 3 | | reprocessing. | 4 | | (d) In making its determination under subsection (b) of | 5 | | this Section, the Commission shall attach primary
weight to | 6 | | the cost or cost savings to the customers of the utility. The
| 7 | | Commission may consider any or all factors which will or may | 8 | | affect such
cost or cost savings, including the public | 9 | | utility's engineering judgment regarding the materials used | 10 | | for construction. | 11 | | (e) The Commission may issue a temporary certificate which | 12 | | shall remain
in force not to exceed one year in cases of | 13 | | emergency, to assure maintenance
of adequate service or to | 14 | | serve particular customers, without notice or
hearing, pending | 15 | | the determination of an application for a certificate, and
may | 16 | | by regulation exempt from the requirements of this Section | 17 | | temporary
acts or operations for which the issuance of a | 18 | | certificate will not be
required in the public interest. | 19 | | A public utility shall not be required to obtain but may | 20 | | apply for and
obtain a certificate of public convenience and | 21 | | necessity pursuant to this
Section with respect to any matter | 22 | | as to which it has received the
authorization or order of the | 23 | | Commission under the Electric Supplier Act,
and any such | 24 | | authorization or order granted a public utility by the
| 25 | | Commission under that Act shall as between public utilities be | 26 | | deemed to
be, and shall have except as provided in that Act the |
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| 1 | | same force and effect
as, a certificate of public convenience | 2 | | and necessity issued pursuant to this
Section. | 3 | | No electric cooperative shall be made or shall become a | 4 | | party to or shall
be entitled to be heard or to otherwise | 5 | | appear or participate in any
proceeding initiated under this | 6 | | Section for authorization of power plant
construction and as | 7 | | to matters as to which a remedy is available under the
Electric | 8 | | Supplier Act. | 9 | | (f) Such certificates may be altered or modified by the | 10 | | Commission, upon
its own motion or upon application by the | 11 | | person or corporation affected.
Unless exercised within a | 12 | | period of 2 years from the grant thereof ,
authority conferred | 13 | | by a certificate of convenience and necessity issued by
the | 14 | | Commission shall be null and void. | 15 | | No certificate of public convenience and necessity shall | 16 | | be construed as
granting a monopoly or an exclusive privilege, | 17 | | immunity or franchise. | 18 | | (g) A public utility that undertakes any of the actions | 19 | | described in items (1) through (3) of this subsection (g) or | 20 | | that has obtained approval pursuant to Section 8-406.1 of this | 21 | | Act shall not be required to comply with the requirements of | 22 | | this Section to the extent such requirements otherwise would | 23 | | apply. For purposes of this Section and Section 8-406.1 of | 24 | | this Act, "high voltage electric service line" means an | 25 | | electric line having a design voltage of 100,000 or more. For | 26 | | purposes of this subsection (g), a public utility may do any of |
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| 1 | | the following: | 2 | | (1) replace or upgrade any existing high voltage | 3 | | electric service line and related facilities, | 4 | | notwithstanding its length; | 5 | | (2) relocate any existing high voltage electric | 6 | | service line and related facilities, notwithstanding its | 7 | | length, to accommodate construction or expansion of a | 8 | | roadway or other transportation infrastructure; or | 9 | | (3) construct a high voltage electric service line and | 10 | | related facilities that is constructed solely to serve a | 11 | | single customer's premises or to provide a generator | 12 | | interconnection to the public utility's transmission | 13 | | system and that will pass under or over the premises owned | 14 | | by the customer or generator to be served or under or over | 15 | | premises for which the customer or generator has secured | 16 | | the necessary right of way. | 17 | | (h) A public utility seeking to construct a high-voltage | 18 | | electric service line and related facilities (Project) must | 19 | | show that the utility has held a minimum of 2 pre-filing public | 20 | | meetings to receive public comment concerning the Project in | 21 | | each county where the Project is to be located, no earlier than | 22 | | 6 months prior to filing an application for a certificate of | 23 | | public convenience and necessity from the Commission. Notice | 24 | | of the public meeting shall be published in a newspaper of | 25 | | general circulation within the affected county once a week for | 26 | | 3 consecutive weeks, beginning no earlier than one month prior |
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| 1 | | to the first public meeting. If the Project traverses 2 | 2 | | contiguous counties and where in one county the transmission | 3 | | line mileage and number of landowners over whose property the | 4 | | proposed route traverses is one-fifth or less of the | 5 | | transmission line mileage and number of such landowners of the | 6 | | other county, then the utility may combine the 2 pre-filing | 7 | | meetings in the county with the greater transmission line | 8 | | mileage and affected landowners. All other requirements | 9 | | regarding pre-filing meetings shall apply in both counties. | 10 | | Notice of the public meeting, including a description of the | 11 | | Project, must be provided in writing to the clerk of each | 12 | | county where the Project is to be located. A representative of | 13 | | the Commission shall be invited to each pre-filing public | 14 | | meeting. | 15 | | (i) For applications filed after August 18, 2015 ( the | 16 | | effective date of Public Act 99-399) this amendatory Act of | 17 | | the 99th General Assembly , the Commission shall by registered | 18 | | mail notify each owner of record of land, as identified in the | 19 | | records of the relevant county tax assessor, included in the | 20 | | right-of-way over which the utility seeks in its application | 21 | | to construct a high-voltage electric line of the time and | 22 | | place scheduled for the initial hearing on the public | 23 | | utility's application. The utility shall reimburse the | 24 | | Commission for the cost of the postage and supplies incurred | 25 | | for mailing the notice. | 26 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; |
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| 1 | | revised 10-21-21.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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