(220 ILCS 30/14) (from Ch. 111 2/3, par. 414)
Sec. 14.
Except as provided in Section 11-117-7.1 of the Illinois Municipal
Code and except as otherwise provided in this Section, Sections 5 (other
than the first paragraph thereof), 7 and 8 of this Act do not apply to
any area which is located within an incorporated municipality on the
effective date of this Act and shall cease to apply to any area after it is
annexed to or otherwise becomes located within an incorporated
municipality. An electric supplier which is serving in an area which has
been or hereafter becomes annexed to or otherwise located within an
incorporated municipality may continue to furnish service within such
annexed or otherwise incorporated area to the premises which it is serving
at the time of such annexation or incorporation provided that: (i) no such
supplier may extend its lines into any area previously or subsequently
annexed or otherwise located within the incorporated municipality in which
another electric supplier is authorized to maintain and extend its lines
unless in any such case the electric supplier is or shall become authorized
to do so by the incorporated municipality and the Commission; (ii) no such
supplier serving in an area which has been previously annexed to or
otherwise located in an incorporated municipality prior to the effective
date of this Act may extend its lines within such annexed or otherwise
incorporated area unless in any such case the electric supplier is or shall
become authorized to do so by the incorporated municipality and the
Commission; and (iii) no such electric supplier which is serving in an area
which becomes so annexed to or otherwise located within an incorporated
municipality after the effective date of this Act may furnish service to
any additional premises or extend its lines into or within such area unless
such supplier is or shall become authorized so to do by the incorporated
municipality. In making a determination under clause (i) above the
Commission shall act in the public interest and shall consider all the
factors set forth in Section 8 but shall not be required to give
substantial weight to any particular factor and shall take into
consideration any applicable certificate of public convenience and
necessity. In making a determination under clause (ii) above the Commission
shall act in the public interest and shall consider all the factors set
forth in Section 8, shall not be required to give substantial weight to
any particular factor and shall not take into consideration any certificate
of public convenience and necessity.
Nothing in this Section requires any electric supplier to obtain any
authorization, either from an incorporated municipality or from the
Commission, to extend its lines if, and to the extent that, such supplier,
on the effective date of this Act, has such authorization from such
municipality or from the Commission under the Public Utilities Act, as
the case may be, or as a matter of law, but any such authorization must be
lawfully in effect at that time.
Nothing in this Act shall be construed to impair, abridge, or diminish
in any way the powers, rights and privileges of incorporated
municipalities.
(Source: P.A. 88-335.)
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