These standards shall be
consistent with reliability criteria no less stringent than those
established by the Mid-American Interconnected Network and the
North American Electric Reliability Council or their successors.
(b) The requirements of this Section may be met by joining or
establishing a regional independent system operator that meets
the criteria enumerated in subsections (a), (c), and (d) of this
Section, as determined by the Commission. To achieve the
objectives set forth in subsection (a), the State of Illinois,
through the appropriate officers, departments, and agencies, shall
work cooperatively with the appropriate officials and agencies of
those States contiguous to this State and the Federal Energy
Regulatory Commission towards the formation of one or more
regional independent system operators.
(c) The independent system operator's governance structure must be fair and
nondiscriminatory, and
the independent system operator must be independent of any one market
participant or class of participants. The independent system operator's rules
of
governance must prevent control, or the appearance of control, of
decision-making by any class of participants.
(d) Participants in the independent system operator shall make available to
the independent system operator all
information required by the independent system operator in performance of its
functions
described herein. The independent system operator and the electric utilities
participating in the independent system operator shall make all filings
required by the
Federal Energy Regulatory Commission. The independent system operator shall
ensure that
additional filings at the Federal Energy Regulatory Commission
request confirmation of the relevant provisions of this
amendatory Act of 1997.
(e) If a spot market, exchange market, or other market-based
mechanism providing transparent real-time market prices for
electric power has not been developed, the independent system operator or a
closely
cooperating agent of the independent system operator may provide an efficient
competitive
power exchange auction for electric power and energy, open on a
nondiscriminatory basis to all suppliers, which meets the loads
of all auction customers at efficient prices.
(f) For those electric utilities referred to in subsection (a)
which have not filed with the Federal Energy Regulatory Commission by June 30,
1998 an
application for establishment or participation in an independent
system operator or if such application has not been approved by
the Federal Energy Regulatory Commission by March 31, 1999, a 5 member
Oversight Board shall
be formed. The Oversight Board shall (1) oversee the creation of
an Illinois independent system operator and (2) determine the composition and
initial
terms of service of, and appoint the initial members of, the
Illinois independent system operator board of directors. The Oversight Board
shall
consist of the following: (1) 3 persons appointed by the
Governor; (2) one person appointed by the Speaker of the House of
Representatives; and (3) one person appointed by the President of
the Senate. The Oversight Board shall take the steps that are
necessary to ensure the earliest possible incorporation of an
Illinois independent system operator under the Business Corporation Act of
1983, and
shall serve until the Illinois independent system operator is incorporated.
(g) After notice and hearing, the Commission shall require each
electric utility referred to in subsection (a), that is not
participating in an independent system operator meeting the requirements of
subsections
(a) and (c), to seek authority from the Federal Energy Regulatory Commission to
transfer
functional control of transmission facilities to the Illinois independent
system operator
for control by the Illinois independent system operator consistent with the
requirements
of subsection (a). Upon approval by the Federal Energy Regulatory Commission,
electric utilities
may also elect to transfer ownership of transmission facilities
to the Illinois independent system operator. Nothing in this Act shall be
deemed to
preclude the Illinois independent system operator from (1) seeking authority,
as
necessary, to merge with or otherwise combine its operations with
those of one or more other entities authorized to provide
transmission services, (2) purchasing or leasing transmission
assets from transmission-owning entities not required by this
Section to lease transmission facilities to the Illinois independent system
operator, or
(3) operating as a transmission public utility under the Federal
Power Act.
(h) Any other owner of transmission facilities in Illinois not
required by this Section to participate in an independent system operator shall
be
permitted, but not required, to become a member of the Illinois
independent system operator.
(i) The Illinois independent system operator created under this Section, and
any other
independent system operator authorized by the Federal Energy Regulatory
Commission to provide
transmission services as a
public utility under the Federal Power Act within the State of
Illinois, shall be deemed to be a public utility for purposes of
Section 8-503 and 8-509 of this Act.
An independent system operator or regional transmission organization that is
the subject
of an order entered by the Commission under Section 8-503 need not possess a
certificate
of service authority under Section 8-406 in order to be authorized to take the
actions set
forth in Section 8-509.
(j) Electric utilities referred to in subsection (a) may withdraw
from the Illinois independent system operator upon becoming a member of an
independent
system operator or operators conforming with the criteria in
subsections (a) and (c) and whose formation and operation has
been approved by the Federal Energy Regulatory Commission. This
subsection does not relieve any electric utility of any
obligations under Federal law.
(k) Nothing in this Section shall be construed as imposing any
requirements or obligations that are in conflict with federal
law.
(l) A regional transmission organization created under the rules of the
Federal
Energy Regulatory Commission shall be considered to be the functional
equivalent of an
independent system operator for purposes of this Section, and an electric
utility shall be
deemed to meet its obligations under this Section through membership in a
regional
transmission organization that fulfills the requirements of an independent
system operator
under this Section.
(Source: P.A. 92-12, eff. 7-1-01.)
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