(220 ILCS 5/9-201.5)
Sec. 9-201.5.
Decommissioning nuclear power plants; rates.
(a) The Commission may after hearing, in a rate case or otherwise, authorize
the institution of rate provisions or tariffs that increase or decrease charges
to customers to reflect changes in, or additional or reduced costs of,
decommissioning nuclear power plants, including accruals for estimates of those
costs, irrespective of any changes in other costs or revenues; provided the
revenues collected under such rates or tariffs are used to recover costs
associated with contributions to appropriate decommissioning trust funds or to
reduce the amounts to be charged under such rates or tariffs in the future.
These provisions or tariffs shall hereinafter be referred to as
"decommissioning rates".
(b) A public utility that does not have a decommissioning rate in effect on
the effective date of this amendatory Act of 1994 may not place a
decommissioning rate in effect before January 1, 1995. Changes in charges under
a decommissioning rate shall not be subject to the notice and filing
requirements of subsection (a) of Section 9-201 of this Act, but a
decommissioning rate of a utility that does not have such a rate in effect
before the effective date of this amendatory Act of 1994 shall provide that no
increase in charges under that rate may take effect until 60 days after the
utility provides the proposed increased charge to the Commission for review.
The Commission may require that a decommissioning rate contain provisions for
reconciling amounts collected under the rate with both reasonably projected
costs and actual costs prudently incurred. As used in this Section,
"decommissioning costs" and "decommissioning trust fund" have the same meaning
as in Section 8-508.1 of this Act.
(c) Nothing contained in this amendatory Act of 1994 shall affect any
determination of the authority of the Commission before the effective date of
this amendatory Act of 1994. Nothing contained in this amendatory Act of 1994
shall be used in any determination of the authority of the Commission
after the effective date of this amendatory Act of 1994, except with respect to
decommissioning rates.
(d) A decommissioning rate authorized by the Commission under this Section
and the decommissioning cost studies underlying the rate shall be subject to
hearing and review, in a rate case or otherwise, not less than once every 6
years.
(Source: P.A. 90-561, eff. 12-16-97.)
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