(220 ILCS 5/15-506)
Sec. 15-506.
Charges to conform to tariffs or schedules
and orders of the Commission.
(a) Overcharges and
undercharges prohibited. No common carrier by pipeline
shall offer, advertise, charge, demand, collect, or
receive, in any manner, a greater, lesser, or different
compensation for transportation or service in
connection therewith than the rates and charges specified
in tariffs or schedules on file with the Commission and
in effect at the time the transportation or other
service is rendered. No carrier shall offer,
advertise, charge, demand, collect, or receive any
compensation for transportation or other service
rendered in connection therewith if there is not in
effect at the time a lawfully applicable tariff or
schedule. No carrier shall refund or
remit, in any manner, or by any device, whether directly
or indirectly, or through an agent or otherwise, other
than or under Commission order, a portion of the
rates or charges specified in tariffs or schedules on
file with the Commission and in effect at the time. No
carrier shall extend a discount,
value, privilege, or facility for transportation or
service rendered in connection therewith, except as
specified in tariffs or schedules on file with the
Commission and in effect at the time.
(b) Repayment of overcharges, collection of
undercharges and reparations.
(1) Repayment of overcharges and payment of | ||
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(2) Collection of undercharges. The Commission may | ||
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(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-507)
Sec. 15-507.
Joint rates and routes.
(a) Establishment
by carriers. Two or more common carriers by pipeline may
establish through routes and joint rates, provided that
the rates, divisions, and practices relating thereto
are just, reasonable, and not discriminatory.
(b) Establishment by the Commission. The Commission
may, on its own motion, petition, or complaint, where
2 or more carriers by pipeline have failed to establish
through routes, joint rates, divisions, and practices
relating thereto, establish such routes, rates, divisions,
and practices. The Commission shall take this action
only after notice and a hearing to consider whether the
proposed routes, rates, divisions, and practices are just,
reasonable, and not discriminatory, whether a carrier
has a reasonable objection to establishment of the
routes, rates, divisions, and practices, and whether the
objections can be satisfied by imposing reasonable terms
and conditions on the application of the routes, rates,
divisions, and practices.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-508)
Sec. 15-508.
Statute of limitations for charges.
(a)
Collection actions. Actions to collect charges under
lawfully applicable rates must be instituted within 3
years after rendition of the service.
(b) Reparations or overcharge proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years after
rendition of the service, and an action seeking judicial
enforcement of a Commission order awarding reparations
must be instituted within one year after issuance of such
order. Where an action seeking judicial review of a
Commission order awarding reparations is filed, the time
preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-509)
Sec. 15-509.
Rules.
The Commission may adopt standards and
procedures to ensure that the rates of common carriers by pipeline are
reasonable and not discriminatory. These regulations may provide
for prescription of rates, or for publications subject to
investigation and suspension, and may establish special standards
and procedures for other matters necessary to
effectuate the purposes of this Article.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-601)
Sec. 15-601.
Safety regulation.
Each common carrier by
pipeline shall construct, maintain, and operate all of
its pipelines, related facilities, and equipment in this
State in a manner that poses no undue risk to its
employees, customers, or the public. The obligation of
the carrier shall include the construction, maintenance,
and operation of safety devices or structures, the
revision of practices effecting safety, and other acts
necessary to ensure the safety of its employees,
customers, and the public. The Commission may, by
reference to federal safety regulations or otherwise,
adopt reasonable regulations governing the construction,
maintenance, and operations of pipelines, related
facilities, and equipment to ensure the safety of
pipeline employees, customers, and the public.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-701)
Sec. 15-701.
Grandfather provision.
All certificates of
public convenience and necessity for common carrier by
pipeline, tariffs and schedules, and findings, orders,
decisions, rules, and regulations, issued under the
repealed provisions of the Illinois Commercial Transportation Law, and not
subject to judicial
review as
of the effective date of this amendatory Act of 1995, shall
continue in full force and effect as if adopted, issued,
established, or recognized under the Public Utilities
Act.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/Art. XVI heading) ARTICLE XVI.
ELECTRIC SERVICE CUSTOMER CHOICE AND RATE
RELIEF LAW OF 1997
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(220 ILCS 5/16-101)
Sec. 16-101.
Short title and applicability.
(a) This Article may
be cited as the Electric Service Customer Choice and Rate
Relief Law of 1997 and shall apply to electric utilities and
alternative retail electric suppliers as defined in this
Article. Except to the extent modified or supplemented by the
provisions of this Article, or where the context clearly
renders such provisions inapplicable, the other Articles of
the Public Utilities Act pertaining to public utilities, public utility rates
and services and the regulation thereof, are fully and equally
applicable to the tariffed services electric utilities
provide.
(b) The provisions of subsections (a) through (h) of Section 16-111 of this
Act shall not be applicable to any electric utility which elects to file
biennial rate proceedings before the Commission in the years 1998, 2000 and
2002. An electric utility electing this option shall do so by filing a notice
of such election with the Commission within 60 days after the effective date of
this amendatory Act of 1997, or its right to make such election shall be
irrevocably waived. An electric utility electing the option specified in this
paragraph shall file its rate proceeding with the Commission no later than
August 1 of the years 1998, 2000, and 2002. The electric utility's filing
shall comply with all requirements of 83 Illinois Administrative Code Parts 255
and 285 as though the electric utility were filing for an increase in its
rates, without regard to whether such filing would produce an increase, a
decrease or no change in the electric utility's rates and the Commission shall
review the electric utility's filing and shall issue its
order in accordance with the provisions of Section 9-201 of this Act.
(Source: P.A. 90-561, eff. 12-16-97.)
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(220 ILCS 5/16-101A)
Sec. 16-101A. Legislative findings.
(a) The citizens and businesses of the State of Illinois
have been well-served by a comprehensive electrical utility
system which has provided safe, reliable, and affordable
service. The electrical utility system in the State of
Illinois has historically been subject to State and federal
regulation, aimed at assuring the citizens and businesses of
the State of safe, reliable, and affordable service, while at
the same time assuring the utility system of a return on its
investment.
(b) Competitive forces are affecting the market for
electricity as a result of recent federal regulatory and
statutory changes and the activities of other states.
Competition in the electric services market may create
opportunities for new products and services for customers and
lower costs for users of electricity. Long-standing regulatory
relationships need to be altered to accommodate the
competition that could fundamentally alter the structure of
the electric services market.
(c) With the advent of increasing competition in this
industry, the State has a continued interest in assuring that
the safety, reliability, and affordability of electrical power
is not sacrificed to competitive pressures, and to that end,
intends to implement safeguards to assure that the industry
continues to operate the electrical system in a manner that
will serve the public's interest. Under the existing
regulatory framework, the industry has been encouraged to
undertake certain investments in its physical plant and
personnel to enhance its efficient operation, the cost of
which it has been permitted to pass on to consumers. The
State has an interest in providing the existing utilities a
reasonable opportunity to obtain a return on certain
investments on which they depended in undertaking those
commitments in the first instance while, at the same time, not
permitting new entrants into the industry to take unreasonable
advantage of the investments made by the formerly regulated
industry.
(d) A competitive wholesale and retail market must
benefit all Illinois citizens. The Illinois Commerce
Commission should act to promote the development of an
effectively competitive electricity market that operates
efficiently and is equitable to all consumers. Consumer
protections must be in place to ensure that all customers
continue to receive safe, reliable, affordable, and
environmentally safe electric service.
(e) All consumers must benefit in an equitable and timely
fashion from the lower costs for electricity that result from
retail and wholesale competition and receive sufficient
information to make informed choices among suppliers and
services. The use of renewable resources and energy efficiency
resources should be encouraged in competitive markets.
(f) The efficiency of electric markets depends both upon the competitiveness of supply and upon the price-responsiveness of the demand for service. Therefore, to ensure the lowest total cost of service and to enhance the reliability of service, all classes of the electricity customers of electric utilities should have access to and be able to voluntarily use real-time pricing and other price-response and demand-response mechanisms.
(g) Including cost-effective renewable resources and demand-response resources in a diverse electricity supply portfolio will reduce long-term direct and indirect costs to consumers by decreasing environmental impacts and by avoiding or delaying the need for new generation, transmission, and distribution infrastructure. It serves the public interest to allow electric utilities to recover costs for reasonably and prudently incurred expenses for electricity generated by renewable resources and demand-response resources.
(h) Including electricity generated by clean coal facilities, as defined under Section 1-10 of the Illinois Power Agency Act, in a diverse electricity procurement portfolio will reduce the need to purchase, directly or indirectly, carbon dioxide emission credits and will decrease environmental impacts. It serves the public interest to allow electric utilities to recover costs for reasonably and prudently incurred expenses for sourcing electricity generated by clean coal facilities. (Source: P.A. 94-977, eff. 6-30-06; 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09.)
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