(220 ILCS 30/1) (from Ch. 111 2/3, par. 401)
Sec. 1.
This Act shall be known and may be cited as the "Electric Supplier
Act".
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/2) (from Ch. 111 2/3, par. 402)
Sec. 2.
The General Assembly declares it to be in the public interest that,
in order to avoid duplication of facilities and to minimize disputes
between electric suppliers which may result in inconvenience and diminished
efficiency in electric service to the public, any 2 or more electric
suppliers may contract, subject to the approval of the Illinois Commerce
Commission, as to the respective areas in which each supplier is to provide
service.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/2.1) (from Ch. 111 2/3, par. 402.1)
Sec. 2.1.
It is declared to be the public policy of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the
1970 Illinois Constitution, that, except as otherwise provided in this
Act, any power or function set forth in this Act to be exercised by the
State is an exclusive power or function and such power or function may
not be exercised concurrently, either directly or indirectly, by any
unit of local government.
(Source: P.A. 78-936.)
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(220 ILCS 30/3) (from Ch. 111 2/3, par. 403)
Sec. 3.
As used in this Act, unless the context otherwise requires, the
terms specified in Sections 3.1 through 3.17 have the meanings ascribed
to them in those sections.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.1) (from Ch. 111 2/3, par. 403.1)
Sec. 3.1.
"Adequate" lines or facilities means having sufficient capacity
to meet the maximum estimated service requirements of the customer to be
served during the year following the commencement of permanent service and
to meet the maximum estimated service requirements of other actual
customers to be supplied therefrom during such year and to assure such
customers of reasonable continuity of service. Facilities or lines are
"adequate" even though the electric supplier must increase their capacity
if the supplier will undertake to make its facilities and lines meet such
service requirements, and can reasonably do so, within such time as meets
the customer's requirements.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.2) (from Ch. 111 2/3, par. 403.2)
Sec. 3.2.
"Commission" means the Illinois Commerce Commission.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.3) (from Ch. 111 2/3, par. 403.3)
Sec. 3.3.
"Customer" means any person receiving electricity for any purpose
from an electric supplier.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.4) (from Ch. 111 2/3, par. 403.4)
Sec. 3.4.
"Electric Cooperative" means (a) any not-for-profit corporation
or other person that owns, controls, operates or manages, directly or
indirectly, within this State, any plant, equipment or property for the
production, transmission, sale, delivery or furnishing of electricity and
(b) that either is or has been financed in whole or in part under the
federal "Rural Electrification Act of 1936" and the Acts amendatory thereof
and supplementary thereto, or is directly or indirectly caused to be
formed by any one or more such not-for-profit corporations or other persons
that is or has been so financed.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.5) (from Ch. 111 2/3, par. 403.5)
Sec. 3.5.
"Electric Supplier" or "Supplier" means an electric cooperative
or a public utility which furnishes electric service.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.6) (from Ch. 111 2/3, par. 403.6)
Sec. 3.6.
"Existing line" means any line of an electric supplier which on
the effective date of this Act is (a) in existence or (b) is under
construction, as determined in accordance with accepted engineering
practices. The term includes any such line which one electric supplier may
acquire from another electric supplier after such effective date.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.7) (from Ch. 111 2/3, par. 403.7)
Sec. 3.7.
"Extension" means any new construction which increases the length
of an existing line laterally or otherwise.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.8) (from Ch. 111 2/3, par. 403.8)
Sec. 3.8.
"Incorporated municipality" means any city, village or
incorporated town.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.9) (from Ch. 111 2/3, par. 403.9)
Sec. 3.9.
"Line" means any electric line or cable whether overhead or
underground.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.10) (from Ch. 111 2/3, par. 403.10)
Sec. 3.10.
"Normal service connection point" means that point on a
customer's premises where an electric connection to serve such premises
would be made in accordance with accepted engineering practices. In the
case of an incorporated municipality which is a customer, "normal service
connection point" means that point within the corporate limits of the
municipality where an electric connection to serve that municipality would
be made in accordance with accepted engineering practices, or, if such
connection is to be made outside the corporate limits, that point where the
line from such connection crosses the corporate limits.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.11) (from Ch. 111 2/3, par. 403.11)
Sec. 3.11.
"Person" includes an individual, corporation, partnership,
electric cooperative, public utility, association, joint stock company,
trust, incorporated municipality, municipal corporation, and any
governmental entity or political subdivision thereof.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.12) (from Ch. 111 2/3, par. 403.12)
Sec. 3.12.
"Premises" means a physical area (a) which, except for any
intervening public or private rights of way or easements, constitutes a
single parcel or unit and (b) which a single customer owns, uses or in
which it has some other interest in connection with receiving service at
one or more points of delivery.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.13) (from Ch. 111 2/3, par. 403.13)
Sec. 3.13.
"Proximity" means that distance which is shortest between a
proposed normal service connection point and a point on an electric
supplier's line, which is determined in accordance with accepted
engineering practices by the shortest direct route between such points
which is practicable to provide the proposed service.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.14) (from Ch. 111 2/3, par. 403.14)
Sec. 3.14.
"Public Utility" has the same meaning as is defined in Section
10.3 of the Public Utilities Act.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.15) (from Ch. 111 2/3, par. 403.15)
Sec. 3.15.
"Public Utilities Act" means "An Act concerning public
utilities", approved June 29, 1921, as heretofore or hereafter amended.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.16) (from Ch. 111 2/3, par. 403.16)
Sec. 3.16.
"Service" means electric service.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/3.17) (from Ch. 111 2/3, par. 403.17)
Sec. 3.17.
"Service area" means that area, defined in an agreement between
electric suppliers, which has been approved by the Commission, in which an
electric supplier is entitled to furnish service, as provided in Section
6.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/4) (from Ch. 111 2/3, par. 404)
Sec. 4.
By October 1, 1965, or within such further reasonable time as may
be fixed by the Commission, each electric supplier shall make and file with
the Commission such map or maps as will clearly indicate the location in
this State of the supplier's existing lines. On November 1, 1965, or within
such further reasonable time as the Commission may determine, the
Commission shall find to be accurate those maps to which no objection has
been filed under this Section. If before November 1, 1965, or before the
end of such a reasonable time period determined by the Commission, an
electric supplier who may be adversely affected by an inaccurate map files
with the Commission a written objection to any map, the Commission shall
set a hearing on such map or maps and give reasonable notice to the
electric supplier filing the map and to the supplier filing the objection.
At the hearing, the Commission shall determine on the basis of the evidence
presented whether or not each map is accurate. After its determination the
Commission shall find to be accurate each map in question or require that a
revised map, made in accordance with its determination, be promptly filed
which when filed shall be found to be accurate by the Commission.
No public utility is required, however, to file a map showing its
existing lines in any county in which there are no existing lines of an
electric cooperative and which is not adjacent to a county in which there
are existing lines of an electric cooperative; and no electric supplier
needs to indicate on such a map, except as otherwise required by the
Commission, any existing line which is more than 5 miles away from an
existing line of another supplier.
No electric supplier is required to file a map showing its existing
lines in any incorporated municipality except that, if 2 or more electric
suppliers are furnishing electric service on the effective date of this Act
in any incorporated municipality, each such supplier shall file a map
showing the location of its existing lines in the portion of the
incorporated municipality where those lines are adjacent to the existing
lines of another electric supplier.
Such maps found to be accurate by the Commission as provided in this
Section are public records of the Commission and are prima facie evidence
of the location of the existing lines thereon portrayed.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/5) (from Ch. 111 2/3, par. 405)
Sec. 5.
Each electric supplier is entitled, except as otherwise provided in
this Act or (in the case of public utilities) the Public Utilities Act,
to (a) furnish service to customers at locations which it is serving on the
effective date of this Act, (b) furnish service to customers or premises
which it is not now serving but which it had agreed to serve under
contracts in existence on the effective date of this Act, and (c) resume
service to any premises to which it has discontinued service in the
preceding 12 months and on which are still located the supplier's service
facilities.
Except as otherwise provided in this Act or (in the case of public
utilities) the Public Utilities Act, no electric supplier may construct new
lines, or extend existing lines, to furnish electric service to a customer
or his premises which another electric supplier is entitled to serve, as
provided in this Section, except with the written consent of such other
electric supplier subject to the approval of the Commission as to such
consent, if required.
This Section does not deprive an electric supplier of any right to
furnish permanent service under a contract existing on the effective date
of this Act to premises receiving temporary service from another supplier
on the effective date of this Act.
Nothing in this Section prevents a generation and transmission electric
cooperative from furnishing service to its member distribution electric
cooperatives which are not incorporated municipalities.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/6) (from Ch. 111 2/3, par. 406)
Sec. 6.
Any 2 or more electric suppliers may contract together defining and
delineating, as between themselves, one or more service areas in which each
such contracting supplier shall be entitled to furnish service. Such
contracts are subject to the approval of the Commission.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/7) (from Ch. 111 2/3, par. 407)
Sec. 7.
Except as otherwise provided in this Act, until the respective
service areas of the affected electric suppliers have been determined as
provided in Section 6, no electric supplier may make an extension of
existing lines or construct new lines for the purpose of furnishing service
to a customer or premises which it is not entitled to serve under Section
5, or furnish service to any customer or premises which such supplier is
not entitled to serve under Section 5, unless in any such case such
electric supplier gives written notice to the electric supplier or
suppliers which may be adversely affected by the proposed construction,
extension or service. Any electric supplier which claims that it should be
permitted to serve any customer or premises which could be served by such
proposed construction, extension or furnishing of service may within 20
days after receipt of such notice or, if no notice is received, not later
than 18 months after the completion of such proposed construction,
extension or the commencement of service, file its complaint with the
Commission which shall proceed to determine the issue as provided in
Section 8.
The electric supplier giving such notice may, however, commence such
construction, extension or service, subject to the subsequent final
determination of the Commission as to which supplier should be permitted to
furnish such service.
This Section does not apply to and no notice need be given under this
Section by (1) a public utility constructing new lines, extending existing
lines or furnishing service in any county in which there are no existing
lines of an electric cooperative and which is not adjacent to any county in
which there are existing lines of an electric cooperative or constructing
new lines, extending existing lines or furnishing service more than 5 miles
away from an existing line of an electric cooperative; (2) a generation and
transmission electric cooperative making a construction or extension of
lines solely to serve its member distribution electric cooperatives which
are not incorporated municipalities; (3) any electric supplier constructing
new lines or extending existing lines to furnish service exclusively to its
own property and for its own use; and (4) any electric supplier making, for
the purpose of furnishing service to a customer, an extension of 300 feet
or less of line having a voltage of 600 volts or less which does not make
the service of that supplier any nearer to the existing lines of another
supplier than at the effective date of this Act.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/8) (from Ch. 111 2/3, par. 408)
Sec. 8.
When a complaint has been filed as provided in Section 7, the
Commission shall proceed, after reasonable notice to the suppliers
concerned, to a hearing to determine which of the suppliers is entitled or
should be permitted under this Act to furnish the proposed service. The
Commission shall first determine whether temporary service should be
authorized and may issue a temporary authorization to a supplier permitting
the making of extensions and furnishing of service while the dispute is
pending. The Commission shall then make its determination as to which
supplier is entitled or should be permitted under this Act to furnish the
proposed service. In making this determination, the Commission shall act in
the public interest and shall give substantial weight to the consideration
as to which supplier had existing lines in proximity to the premises
proposed to be served, provided such lines are adequate. In addition, the
Commission may consider, but with lesser weight, (a) the customer's
preference as to which supplier should furnish the proposed service, (b)
which supplier was first furnishing service in the area, (c) the extent to
which each supplier assisted in creating the demand for the proposed
service, and (d) which supplier can furnish the proposed service with the
smaller amount of additional investment. The Commission, however, shall
give no weight or consideration to the fact that any supplier has or has
not been issued a certificate of public convenience and necessity in the
area proposed to be served.
After making its determination, the Commission shall make findings of
fact and render its decision as to which supplier is entitled or should be
permitted to furnish the proposed service. The decision of the Commission
constitutes an authorization to that supplier to render such service and
revokes any temporary authorization granted by the Commission while the
dispute was pending.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/9) (from Ch. 111 2/3, par. 409)
Sec. 9.
(a) Any customer receiving service from any electric supplier,
which is not subject to the Public Utilities Act, who contends that he is
not receiving adequate service from that supplier, or who contends that he
is being discriminated against by that supplier, may complain to the
Commission. If the Commission on hearing finds that the service is
inadequate and that there is another supplier whose service would be
adequate and who is willing to serve that customer, the customer shall be
released to such other supplier unless the supplier against whom complaint
is made makes its service to that customer adequate within a reasonable
time to be fixed by the Commission. If there is no such other supplier the
Commission may direct that service be made adequate. If the Commission
finds on hearing that such customer is being discriminated against as
compared with other customers of the electric supplier so supplying such
customer, the Commission shall order such supplier to cease and desist from
such discrimination.
(b) If any electric supplier, which is not subject to the Public
Utilities Act, refuses to serve a customer whom it is obligated to serve
and who has applied for service to the supplier in accordance with the
supplier's standard rules as to service, the Commission, on receiving a
complaint from the customer and after a hearing thereon, may direct the
supplier to serve that customer.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/10) (from Ch. 111 2/3, par. 410)
Sec. 10.
The Commission shall make and adopt such reasonable rules and
regulations as are necessary to enforce compliance with and to administer
the provisions of this Act. Before the adoption of any such rule or
regulation, or of any amendment thereof, the Commission shall set the rule,
regulation or amendment for public hearing and shall give at least 30 days
prior written notice of such hearing to all electric suppliers,
accompanying such notice with a copy of each of the rules, regulations or
amendments that the Commission proposes to adopt. The Commission shall
prepare and make available to all electric suppliers, and to the public
upon request, copies of all such rules and regulations and the amendments
thereof.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/10.1) (from Ch. 111 2/3, par. 410.1)
Sec. 10.1.
Payment of Commission expenses.
All of the ordinary and contingent expenses of the Commission
incident to the administration of this Act shall be paid out of the
Public Utility Fund except the compensation of the members of the
Commission which shall be paid from
the General Revenue Fund.
(Source: P.A. 81-1010.)
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(220 ILCS 30/10.2) (from Ch. 111 2/3, par. 410.2)
Sec. 10.2.
Definition of "gross revenue".
As used in this Act "gross revenue" means the consideration received for
electricity distributed, supplied, furnished or sold to persons for use or
consumption and not for resale and for all services rendered in connection
therewith, including amounts received from minimum service charges, and
shall include cash, services and property of every kind or nature, and
shall be determined without any deduction on account of the cost of the
service, product or commodity supplied, the cost of materials used, labor
or service costs, or any other expense whatsoever.
(Source: Laws 1967, p. 659.)
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(220 ILCS 30/10.3) (from Ch. 111 2/3, par. 410.3)
Sec. 10.3.
Tax imposed.
A tax is imposed upon each electric supplier subject to the
provisions of this Act equal to .08% of its gross revenue for each
calendar year commencing with the calendar
year beginning January 1, 1982; however, for the
period July 1, 1981 through December 31, 1981 such tax is imposed upon each
electric supplier's gross revenue for that period.
(Source: P.A. 81-1393.)
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(220 ILCS 30/10.4) (from Ch. 111 2/3, par. 410.4)
Sec. 10.4.
Annual gross revenue returns to Commission.
On or before January
30 of each year each electric supplier subject to
tax under the provisions of this Act shall file with the Commission an
annual gross revenue return for the calendar year ending December 31 of such
year and a statement of the amount of tax due for that calendar year on
the basis of that return. However, for the tax period July 1, 1981 through
December 31, 1981 each electric supplier shall file on or before February
1, 1982 a gross revenue return for the period July 1, 1981 through December
31, 1981 and a statement of the amount of tax due for that period on the
basis of that return.
Forms for such returns and amended returns shall be devised and
supplied by the Commission.
(Source: P.A. 81-1393.)
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(220 ILCS 30/10.5) (from Ch. 111 2/3, par. 410.5)
Sec. 10.5.
Audit of returns.
All returns submitted to the Commission by an electric supplier as
provided in this Section or Section 10.4 shall be sworn to by an
appropriate officer of the electric supplier. The Commission may audit each
such return submitted and may take such measures as are necessary to
ascertain the correctness of the returns submitted. The Commission has the
power to direct the filing of an amended return by an electric supplier
which has filed an incorrect return and to direct the filing of a return by
any electric supplier which has failed to submit a return.
(Source: Laws 1967, p. 659.)
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(220 ILCS 30/10.6) (from Ch. 111 2/3, par. 410.6)
Sec. 10.6.
The annual amount of tax due under Section 10.3 shall be
paid to the Commission on or before the thirtieth day of January following
the end of the calendar year subject to tax. However,
for the tax period July 1, 1981 through December 31, 1981 the amount of
tax due under Section 10.3 shall be paid to the Commission on or before
February 1, 1982. In the event that an
adjustment in the amount of tax due should be necessary as a result of
the filing of an amended return pursuant to Section 10.5, the amount of
any deficiency shall be paid by the electric supplier together with the
amended return. Any excess tax payment by the electric supplier shall
be returned to the supplier after filing a claim for credit, in the form
of a credit memorandum in the amount of such excess. However, if such
deficiency or excess is less than $1, then the electric supplier need
not pay the deficiency and may not claim a credit.
(Source: P.A. 81-1393.)
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(220 ILCS 30/10.7) (from Ch. 111 2/3, par. 410.7)
Sec. 10.7.
Penalties for underpayment; enforcement.
Each payment of the tax imposed by Section 10.3 becomes delinquent at
midnight of the date that it is due. In the event that upon the filing of
an amended return pursuant to Section 10.5 of this Act it appears that an
electric supplier has failed to pay or has underpaid the proper amount of
tax due, it shall pay a penalty to the Commission of 1% of the amount so
due for each month or fraction thereof that such amount is unpaid. The
Commission may enforce the collection of any delinquent payment, or portion
thereof by legal action or in any other manner by which the collection of
debts due the State of Illinois may be enforced under the laws of this
State.
(Source: Laws 1967, p. 659.)
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(220 ILCS 30/10.8) (from Ch. 111 2/3, par. 410.8)
Sec. 10.8.
Payment to Public Utility Fund.
All sums collected by the Commission under the provisions of Sections
10.1 through 10.7 of this Act shall be paid promptly after the receipt of
the same, accompanied by a detailed statement thereof, into the Public
Utility Fund in the State treasury.
(Source: Laws 1967, p. 659.)
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(220 ILCS 30/10.9) (from Ch. 111 2/3, par. 410.9)
Sec. 10.9.
An electric supplier, after notification by the Commission,
may file during the 3 month period after the date of notification a claim
for credit in such proportionate amount as computed pursuant to Section
2-202 of The Public Utilities Act. If the
proportionate amount is less than $10, no notification will be sent by the
Commission, and no right to a claim exists as to that amount. Upon the
filing of a claim for credit within the period provided, the Commission
shall issue a credit memorandum in such amount to such electric supplier.
Notification of any claim for credit issued prior to October 1, 1975 may be
filed within the 3 month period from that date, notwithstanding the
preceding sentence. Any claim for credit filed after the period provided
for in this Section is void. Credit memoranda issued pursuant to Section
10.6 and this Section may be applied for the 2 year period from the date of
issuance against the payment of any amount due during that period under the
tax imposed by Section 10.3, or, subject to reasonable rule of the
Commission including requirement of notification, may be assigned to any
other electric supplier subject to regulation under this Act. Credit
memoranda issued prior to October 1, 1975 may be applied for the 2 year
period from said date, notwithstanding the preceding sentence. Any
application of credit memoranda after the period provided for in this
Section is void.
(Source: P.A. 85-1209.)
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(220 ILCS 30/10.10) (from Ch. 111 2/3, par. 410.10)
Sec. 10.10.
Exemption from tax.
Any delivering supplier, as that term is
defined in Section 2-3 of the Electricity Excise Tax Law, collecting and
remitting to the State of Illinois for each fiscal year the tax imposed by
Section 2-4(a) of the Electricity Excise Tax Law shall not be subject to the
provisions of Sections 10.1 through 10.9 of this Act.
(Source: P.A. 91-926, eff. 12-8-00.)
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(220 ILCS 30/11) (from Ch. 111 2/3, par. 411)
Sec. 11.
The Commission shall have the power and jurisdiction to, and
shall, enforce compliance with this Act on complaint made by the electric
supplier or customer or prospective customer aggrieved by any
non-compliance with this Act and shall make such orders and take such
action by appropriate court proceedings or otherwise which will secure
compliance with this Act.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/12) (from Ch. 111 2/3, par. 412)
Sec. 12.
Any final order or decision of the Commission may be reviewed as
provided in the Administrative Review Law, as
heretofore or hereafter amended, and the rules adopted pursuant thereto.
(Source: P.A. 82-783.)
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(220 ILCS 30/13) (from Ch. 111 2/3, par. 413)
Sec. 13. An electric cooperative when it is found by the Commission that it
is necessary so to do may proceed to take or damage private property as
provided for the exercise of the right of eminent
domain under the Eminent Domain Act. The
requirement of such finding by the Commission is not to be construed to
require authorization by the Commission of the facility for which the
authorization to use eminent domain is sought.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(220 ILCS 30/13.5) Sec. 13.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(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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(220 ILCS 30/15) (from Ch. 111 2/3, par. 415)
Sec. 15.
The rights and obligations of public utilities as between
themselves shall not be affected by this Act except as provided by the
Public Utilities Act.
(Source: Laws 1965, p. 1206.)
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(220 ILCS 30/16) (from Ch. 111 2/3, par. 416)
Sec. 16.
Any electric supplier which violates any provision of this Act shall be
guilty of a business offense and shall upon conviction thereof, be subject
to a fine of not less than $500 nor more than $2,000.
(Source: P.A. 77-2196.)
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