| ||||
| Public Act 102-0931 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Public Utilities Act is amended by changing | ||||
Sections 2-202, 8-406, and 8-406.1 as follows:
| ||||
(220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
| ||||
Sec. 2-202. Policy; Public Utility Fund; tax.
| ||||
(a) It is declared to be the public policy of this State | ||||
that
in order to maintain and foster the effective regulation | ||||
of public
utilities under this Act in the interests of the | ||||
People of the State of
Illinois and the public utilities as | ||||
well, the public utilities subject
to regulation under this | ||||
Act and which enjoy the privilege of operating
as public | ||||
utilities in this State, shall bear the expense of
| ||||
administering this Act by means of a tax on such privilege | ||||
measured by the
annual gross revenue of such public utilities | ||||
in the manner provided in
this Section. For purposes of this | ||||
Section, "expense of
administering this Act" includes any | ||||
costs incident to studies, whether
made by the Commission or | ||||
under contract entered into by the Commission,
concerning | ||||
environmental pollution problems caused or contributed to by
| ||||
public utilities and the means for eliminating or abating | ||||
those
problems. Such proceeds shall be deposited in the Public | ||||
Utility Fund in
the State treasury.
| ||
(b) 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.
Notwithstanding other provisions of this | ||
Act to the contrary, the
ordinary and contingent expenses of | ||
the Commission incident to the
administration of the Illinois | ||
Commercial Transportation Law may be paid
from appropriations | ||
from the Public Utility Fund through the end of fiscal
year | ||
1986.
| ||
(c) A tax is imposed upon each public utility 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,
except that the Commission may, by | ||
rule, establish a different rate no
greater than 0.1%.
For | ||
purposes of this Section, "gross revenue" shall not include
| ||
revenue from the production, transmission, distribution, sale,
| ||
delivery, or furnishing of electricity.
"Gross revenue" shall | ||
not include amounts paid by telecommunications retailers
under | ||
the Telecommunications Infrastructure Maintenance Fee Act.
| ||
(d) Annual gross revenue returns shall be filed in | ||
accordance with
paragraph (1) or (2) of this subsection (d).
| ||
(1) Except as provided in paragraph (2) of this | ||
subsection (d), on
or before January 10 of each year each | ||
public utility
subject to the provisions of this Act shall | ||
file with the Commission an
estimated annual gross revenue | ||
return containing an estimate of the amount
of its gross | ||
revenue for the calendar year commencing January 1 of said
| ||
year and a statement of the amount of tax due for said | ||
calendar year on the
basis of that estimate. Public | ||
utilities may also file revised returns
containing updated | ||
estimates and updated amounts of tax due during the
| ||
calendar year. These revised returns, if filed, shall form | ||
the basis for
quarterly payments due during the remainder | ||
of the calendar year. In
addition, on or before March 31 of | ||
each year, each public
utility shall
file an amended | ||
return showing the actual amount of gross revenues shown | ||
by
the company's books and records as of December 31 of the | ||
previous year.
Forms and instructions for such estimated, | ||
revised, and amended returns
shall be devised and supplied | ||
by the Commission.
| ||
(2) Beginning with returns due after January 1, 2002, | ||
the
requirements of paragraph (1) of
this subsection (d) | ||
shall not apply to any public utility in any calendar year
| ||
for which the total tax the public utility owes under this | ||
Section is less than
$10,000. For such public utilities | ||
with respect to such years,
the public
utility shall file | ||
with the Commission, on or before March 31
of the
| ||
following year, an annual gross revenue return for the | ||
year and a statement of
the amount of tax due for that year | ||
on the basis of such a return. Forms and
instructions for | ||
such returns and corrected returns shall be devised and
| ||
supplied by the Commission.
| ||
(e) All returns submitted to the Commission by a public | ||
utility as
provided in this subsection (e) or subsection (d) | ||
of this Section shall contain
or be verified by a written | ||
declaration by an appropriate officer of the public
utility | ||
that the return is made under the penalties of perjury. The | ||
Commission
may audit each such return submitted and may, under | ||
the provisions of Section
5-101 of this Act, take such | ||
measures as are necessary to ascertain the
correctness of the | ||
returns submitted. The Commission has the power to direct
the | ||
filing of a corrected return by any utility which has filed an | ||
incorrect
return and to direct the filing of a return by any | ||
utility which has failed to
submit a return. A taxpayer's | ||
signing a fraudulent return under this Section
is perjury, as | ||
defined in Section 32-2 of the Criminal Code of 2012.
| ||
(f) (1) For all public utilities subject to paragraph (1) | ||
of
subsection (d), at least one quarter of the annual amount of | ||
tax due
under subsection (c) shall be paid to the Commission on | ||
or before the tenth day
of January, April, July, and October of | ||
the calendar year subject to tax. In
the event that an | ||
adjustment in the amount of tax due should be necessary as a
| ||
result of the filing of an amended or corrected return under | ||
subsection (d) or
subsection (e) of this Section, the amount | ||
of any deficiency shall be paid by
the public utility together | ||
with the amended or corrected return and the amount
of any | ||
excess shall, after the filing of a claim for credit by the | ||
public
utility, be returned to the public utility in the form | ||
of a credit memorandum
in the amount of such excess or be | ||
refunded to the public utility in accordance
with the | ||
provisions of subsection (k) of this Section. However, if such
| ||
deficiency or excess is less than $1, then the public utility | ||
need not pay the
deficiency and may not claim a credit.
| ||
(2) Any public utility subject to paragraph (2) of | ||
subsection (d)
shall pay the amount of tax due under | ||
subsection (c) on or before March
31 next following the end of | ||
the calendar year subject to tax. In the
event that an | ||
adjustment in the amount of tax due should be necessary as a
| ||
result of the filing of a corrected return under subsection | ||
(e), the amount
of any deficiency shall be paid by the public | ||
utility at the time the
corrected return is filed. Any excess | ||
tax payment by the public utility shall
be returned to it after | ||
the filing of a claim for credit, in the form of a
credit | ||
memorandum in the amount of the excess. However, if such | ||
deficiency or
excess is less than $1, the public utility need | ||
not pay the deficiency and may
not claim a credit.
| ||
(g) Each installment or required payment of the tax | ||
imposed by
subsection (c) becomes delinquent at midnight of | ||
the date that it is due.
Failure to make a payment as required | ||
by this Section shall result in the
imposition of a late | ||
payment penalty, an underestimation penalty, or both,
as | ||
provided by this subsection. The late payment penalty shall be | ||
the
greater of:
| ||
(1) $25 for each month or portion of a month that the | ||
installment or
required payment is unpaid or
| ||
(2) an amount equal to the difference between what | ||
should have been paid
on the due date, based upon the most | ||
recently filed estimated, annual, or
amended return, and | ||
what was
actually paid, times 1%, for each month or | ||
portion of a
month that
the installment or required | ||
payment goes unpaid. This penalty may be
assessed as soon | ||
as the installment or required payment becomes delinquent.
| ||
The underestimation penalty shall apply to those public | ||
utilities
subject to paragraph (1) of subsection (d) and shall | ||
be calculated after
the filing of the amended return. It shall | ||
be imposed if the amount actually
paid on any of the dates | ||
specified in subsection (f) is not equal to at least
| ||
one-fourth of the amount actually due for the year, and shall | ||
equal the greater
of:
| ||
(1) $25 for each month or portion of a month that the | ||
amount due is unpaid
or
| ||
(2) an amount equal to the difference between what | ||
should have been
paid, based on the amended return, and | ||
what was actually paid as of the
date specified in | ||
subsection (f), times a percentage equal to 1/12 of the
| ||
sum of 10% and the percentage most recently established by | ||
the Commission
for interest to be paid on customer | ||
deposits under 83 Ill. Adm. Code
280.70(e)(1), for each | ||
month or portion of a month that the amount due goes
| ||
unpaid, except that no underestimation penalty shall be | ||
assessed if the
amount actually paid on or before each of | ||
the dates specified in subsection
(f) was
based on an | ||
estimate of gross revenues at least equal to the actual | ||
gross
revenues for the previous year. The Commission may | ||
enforce the collection
of any delinquent installment or | ||
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. The
executive director or his designee may excuse | ||
the payment of an
assessed penalty or a portion of an | ||
assessed penalty if he determines that
enforced collection | ||
of the penalty as assessed
would be unjust.
| ||
(h) All sums collected by the Commission under the | ||
provisions of
this Section 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.
| ||
(i) During the month of October of each odd-numbered year | ||
the
Commission shall:
| ||
(1) determine the amount of all moneys deposited in | ||
the Public Utility
Fund during the preceding fiscal | ||
biennium plus the balance, if any, in that
fund at the | ||
beginning of that biennium;
| ||
(2) determine the sum total of the following items: | ||
(A) all moneys
expended or obligated against | ||
appropriations made from the Public Utility
Fund during | ||
the preceding fiscal biennium, plus (B) the sum of the | ||
credit
memoranda then outstanding against the Public | ||
Utility Fund, if any; and
| ||
(3) determine the amount, if any, by which the sum | ||
determined as
provided in item (1) exceeds the amount | ||
determined as provided in item (2).
| ||
If the amount determined as provided in item (3) of this | ||
subsection exceeds
50% of the previous fiscal year's | ||
appropriation level, the Commission shall then compute the
| ||
proportionate amount, if
any, which (x) the tax paid hereunder | ||
by each utility during the preceding
biennium, and (y) the | ||
amount paid into the Public Utility Fund during the
preceding | ||
biennium by the Department of Revenue pursuant to Sections 2-9 | ||
and
2-11
of the Electricity Excise Tax Law, bears to the | ||
difference between the amount
determined as
provided in item | ||
(3) of this subsection (i) and 50% of the previous fiscal | ||
year's appropriation level.
The
Commission
shall cause the | ||
proportionate amount determined with respect to payments
made | ||
under the Electricity Excise Tax Law to be transferred into | ||
the General
Revenue Fund in the State Treasury, and notify | ||
each
public utility that it may file during the 3 month period | ||
after the date of
notification a claim for credit for the | ||
proportionate amount
determined with respect to payments made | ||
hereunder by the public utility.
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 public utility. Any
claim for credit filed | ||
after the period provided for in this Section is void.
| ||
(i-5) During the month of June October of each year the | ||
Commission shall: | ||
(1) determine the amount of all moneys expected to be | ||
deposited in the Public Utility Fund during the next | ||
current fiscal year, plus the balance, if any, in that | ||
fund at the beginning of that year; | ||
(2) determine the total of all moneys expected to be | ||
expended or obligated against appropriations made from the | ||
Public Utility Fund during the next current fiscal year; | ||
and | ||
(3) determine the amount, if any, by which the amount | ||
determined in paragraph (2) exceeds the amount determined | ||
as provided in paragraph (1). | ||
If the amount determined as provided in paragraph (3) of | ||
this subsection (i-5) results in a deficit, the Commission may | ||
assess electric utilities and gas utilities for the difference | ||
between the amount appropriated for the ordinary and | ||
contingent expenses of the Commission and the amount derived | ||
under paragraph (1) of this subsection (i-5). Such proceeds | ||
shall be deposited in the Public Utility Fund in
the State | ||
treasury. The Commission shall apportion that difference among | ||
those public utilities on the basis of each utility's share of | ||
the total intrastate gross revenues of the utilities subject | ||
to this subsection (i-5). Payments required under this | ||
subsection (i-5) shall be made in the time and manner directed | ||
by the Commission. The Commission shall permit utilities to | ||
recover Illinois Commerce Commission assessments effective | ||
pursuant to this subsection through an automatic adjustment | ||
mechanism that is incorporated into an existing tariff that | ||
recovers costs associated with this Section, or through a | ||
supplemental customer charge. | ||
Within 6 months after the first time assessments are made | ||
under this subsection (i-5), the Commission shall initiate a | ||
docketed proceeding in which it shall consider, in addition to | ||
assessments from electric and gas utilities subject to this | ||
subsection, the raising of assessments from, or the payment of | ||
fees by, water and sewer utilities, entities possessing | ||
certificates of service authority as alternative retail | ||
electric suppliers under Section 16-115 of this Act, entities | ||
possessing certificates of service authority as alternative | ||
gas suppliers under Section 19-110 of this Act, and | ||
telecommunications carriers providing local exchange | ||
telecommunications service or interexchange | ||
telecommunications service under Sections 13-204 or 13-205 of | ||
this Act. The amounts so determined shall be based on the costs | ||
to the agency of the exercise of its regulatory and | ||
supervisory functions with regard to the different industries | ||
and service providers subject to the proceeding. No less often | ||
than every 3 years after the end of a proceeding under this | ||
subsection (i-5), the Commission shall initiate another | ||
proceeding for that purpose. | ||
The Commission may use this apportionment method until the | ||
docketed proceeding in which the Commission considers the | ||
raising of assessments from other entities subject to its | ||
jurisdiction under this Act has concluded. No credit memoranda | ||
shall be issued pursuant to subsection (i) if the amount | ||
determined as provided in paragraph (3) of this subsection | ||
(i-5) results in a deficit. | ||
(j) Credit memoranda issued pursuant to subsection (f)
and | ||
credit memoranda issued after notification and filing pursuant | ||
to
subsection (i) 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 subsection (c), or, | ||
subject to reasonable rule of the
Commission including | ||
requirement of notification, may be assigned to any
other | ||
public utility subject to regulation under this Act. Any | ||
application
of credit memoranda after the period provided for | ||
in this Section is void.
| ||
(k) The chairman or executive director may make refund of | ||
fees, taxes or
other charges whenever he shall determine that | ||
the person or public utility
will not be liable for payment of | ||
such fees, taxes or charges during the
next 24 months and he | ||
determines that the issuance of a credit memorandum
would be | ||
unjust.
| ||
(Source: P.A. 99-906, eff. 6-1-17.)
| ||
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | ||
Sec. 8-406. Certificate of public convenience and | ||
necessity. | ||
(a) No public utility not owning any city or village
| ||
franchise nor engaged in performing any public service or in | ||
furnishing any
product or commodity within this State as of | ||
July 1, 1921 and not
possessing a certificate of
public | ||
convenience and necessity from the Illinois Commerce | ||
Commission,
the State Public Utilities Commission, or
the | ||
Public Utilities Commission, at the time Public Act 84-617 | ||
this amendatory Act of 1985 goes
into effect (January 1, | ||
1986), shall transact any business in this State until it | ||
shall have
obtained a certificate from the Commission that | ||
public convenience and
necessity require the transaction of | ||
such business. A certificate of public convenience and | ||
necessity requiring the transaction of public utility business | ||
in any area of this State shall include authorization to the | ||
public utility receiving the certificate of public convenience | ||
and necessity to construct such plant, equipment, property, or | ||
facility as is provided for under the terms and conditions of | ||
its tariff and as is necessary to provide utility service and | ||
carry out the transaction of public utility business by the | ||
public utility in the designated area. | ||
(b) No public utility shall begin the construction of any | ||
new plant,
equipment, property, or facility which is not in | ||
substitution of any
existing plant, equipment, property, or | ||
facility, or any extension or
alteration thereof or in | ||
addition thereto,
unless and until it shall have obtained from | ||
the
Commission a certificate that public convenience and | ||
necessity require such
construction. Whenever after a hearing | ||
the Commission determines that any
new construction or the | ||
transaction of any business by a public utility will
promote | ||
the public convenience and is necessary thereto, it shall have | ||
the
power to issue certificates of public convenience and | ||
necessity. The
Commission shall determine that proposed | ||
construction will promote the
public convenience and necessity | ||
only if the utility demonstrates: (1) that the
proposed | ||
construction is necessary to provide adequate, reliable, and
| ||
efficient service to its customers and is the
least-cost means | ||
of
satisfying the service needs of its customers or that the | ||
proposed construction will promote the development of an | ||
effectively competitive electricity market that operates | ||
efficiently, is equitable to all customers, and is the least | ||
cost means of satisfying those objectives;
(2) that the | ||
utility is capable of efficiently managing and
supervising the | ||
construction process and has taken sufficient action to
ensure | ||
adequate and efficient construction and supervision thereof; | ||
and (3)
that the utility is capable of financing the proposed | ||
construction without
significant adverse financial | ||
consequences for the utility or its
customers. | ||
(b-5) As used in this subsection (b-5): | ||
"Qualifying direct current applicant" means an entity that | ||
seeks to provide direct current bulk transmission service for | ||
the purpose of transporting electric energy in interstate | ||
commerce. | ||
"Qualifying direct current project" means a high voltage | ||
direct current electric service line that crosses at least one | ||
Illinois border, the Illinois portion of which is physically | ||
located within the region of the Midcontinent Independent | ||
System Operator, Inc., or its successor organization, and runs | ||
through the counties of Pike, Scott, Greene, Macoupin, | ||
Montgomery, Christian, Shelby, Cumberland, and Clark, is | ||
capable of transmitting electricity at voltages of 345 | ||
kilovolts 345kv or above, and may also include associated | ||
interconnected alternating current interconnection facilities | ||
in this State that are part of the proposed project and | ||
reasonably necessary to connect the project with other | ||
portions of the grid. | ||
Notwithstanding any other provision of this Act, a | ||
qualifying direct current applicant that does not own, | ||
control, operate, or manage, within this State, any plant, | ||
equipment, or property used or to be used for the transmission | ||
of electricity at the time of its application or of the | ||
Commission's order may file an application on or before | ||
December 31, 2023 with the Commission pursuant to this Section | ||
or Section 8-406.1 for, and the Commission may grant, a | ||
certificate of public convenience and necessity to construct, | ||
operate, and maintain a qualifying direct current project. The | ||
qualifying direct current applicant may also include in the | ||
application requests for authority under Section 8-503. The | ||
Commission shall grant the application for a certificate of | ||
public convenience and necessity and requests for authority | ||
under Section 8-503 if it finds that the qualifying direct | ||
current applicant and the proposed qualifying direct current | ||
project satisfy the requirements of this subsection and | ||
otherwise satisfy the criteria of this Section or Section | ||
8-406.1 and the criteria of Section 8-503, as applicable to | ||
the application and to the extent such criteria are not | ||
superseded by the provisions of this subsection. The | ||
Commission's order on the application for the certificate of | ||
public convenience and necessity shall also include the | ||
Commission's findings and determinations on the request or | ||
requests for authority pursuant to Section 8-503. Prior to | ||
filing its application under either this Section or Section | ||
8-406.1, the qualifying direct current applicant shall conduct | ||
3 public meetings in accordance with subsection (h) of this | ||
Section. If the qualifying direct current applicant | ||
demonstrates in its application that the proposed qualifying | ||
direct current project is designed to deliver electricity to a | ||
point or points on the electric transmission grid in either or | ||
both the PJM Interconnection, LLC or the Midcontinent | ||
Independent System Operator, Inc., or their respective | ||
successor organizations, the proposed qualifying direct | ||
current project shall be deemed to be, and the Commission | ||
shall find it to be, for public use. If the qualifying direct | ||
current applicant further demonstrates in its application that | ||
the proposed transmission project has a capacity of 1,000 | ||
megawatts or larger and a voltage level of 345 kilovolts or | ||
greater, the proposed transmission project shall be deemed to | ||
satisfy, and the Commission shall find that it satisfies, the | ||
criteria stated in item (1) of subsection (b) of this Section | ||
or in paragraph (1) of subsection (f) of Section 8-406.1, as | ||
applicable to the application, without the taking of | ||
additional evidence on these criteria. Prior to the transfer | ||
of functional control of any transmission assets to a regional | ||
transmission organization, a qualifying direct current | ||
applicant shall request Commission approval to join a regional | ||
transmission organization in an application filed pursuant to | ||
this subsection (b-5) or separately pursuant to Section 7-102 | ||
of this Act. The Commission may grant permission to a | ||
qualifying direct current applicant to join a regional | ||
transmission organization if it finds that the membership, and | ||
associated transfer of functional control of transmission | ||
assets, benefits Illinois customers in light of the attendant | ||
costs and is otherwise in the public interest. Nothing in this | ||
subsection (b-5) requires a qualifying direct current | ||
applicant to join a regional transmission organization. | ||
Nothing in this subsection (b-5) requires the owner or | ||
operator of a high voltage direct current transmission line | ||
that is not a qualifying direct current project to obtain a | ||
certificate of public convenience and necessity to the extent | ||
it is not otherwise required by this Section 8-406 or any other | ||
provision of this Act. | ||
(c) After September 11, 1987 (the effective date of Public | ||
Act 85-377) this amendatory Act of 1987, no
construction shall | ||
commence on any new nuclear
power plant to be located within | ||
this State, and no certificate of public
convenience and | ||
necessity or other authorization shall be issued therefor
by | ||
the Commission, until the Director of the Illinois | ||
Environmental
Protection Agency finds that the United States | ||
Government, through its
authorized agency, has identified and | ||
approved a demonstrable technology or
means for the disposal | ||
of high level nuclear waste, or until such
construction has | ||
been specifically approved by a statute enacted by the General
| ||
Assembly. | ||
As used in this Section, "high level nuclear waste" means | ||
those aqueous
wastes resulting from the operation of the first | ||
cycle of the solvent
extraction system or equivalent and the | ||
concentrated wastes of the
subsequent extraction cycles or | ||
equivalent in a facility for reprocessing
irradiated reactor | ||
fuel and shall include spent fuel assemblies prior to
fuel | ||
reprocessing. | ||
(d) In making its determination under subsection (b) of | ||
this Section, the Commission shall attach primary
weight to | ||
the cost or cost savings to the customers of the utility. The
| ||
Commission may consider any or all factors which will or may | ||
affect such
cost or cost savings, including the public | ||
utility's engineering judgment regarding the materials used | ||
for construction. | ||
(e) The Commission may issue a temporary certificate which | ||
shall remain
in force not to exceed one year in cases of | ||
emergency, to assure maintenance
of adequate service or to | ||
serve particular customers, without notice or
hearing, pending | ||
the determination of an application for a certificate, and
may | ||
by regulation exempt from the requirements of this Section | ||
temporary
acts or operations for which the issuance of a | ||
certificate will not be
required in the public interest. | ||
A public utility shall not be required to obtain but may | ||
apply for and
obtain a certificate of public convenience and | ||
necessity pursuant to this
Section with respect to any matter | ||
as to which it has received the
authorization or order of the | ||
Commission under the Electric Supplier Act,
and any such | ||
authorization or order granted a public utility by the
| ||
Commission under that Act shall as between public utilities be | ||
deemed to
be, and shall have except as provided in that Act the | ||
same force and effect
as, a certificate of public convenience | ||
and necessity issued pursuant to this
Section. | ||
No electric cooperative shall be made or shall become a | ||
party to or shall
be entitled to be heard or to otherwise | ||
appear or participate in any
proceeding initiated under this | ||
Section for authorization of power plant
construction and as | ||
to matters as to which a remedy is available under the
Electric | ||
Supplier Act. | ||
(f) Such certificates may be altered or modified by the | ||
Commission, upon
its own motion or upon application by the | ||
person or corporation affected.
Unless exercised within a | ||
period of 2 years from the grant thereof,
authority conferred | ||
by a certificate of convenience and necessity issued by
the | ||
Commission shall be null and void. | ||
No certificate of public convenience and necessity shall | ||
be construed as
granting a monopoly or an exclusive privilege, | ||
immunity or franchise. | ||
(g) A public utility that undertakes any of the actions | ||
described in items (1) through (3) of this subsection (g) or | ||
that has obtained approval pursuant to Section 8-406.1 of this | ||
Act shall not be required to comply with the requirements of | ||
this Section to the extent such requirements otherwise would | ||
apply. For purposes of this Section and Section 8-406.1 of | ||
this Act, "high voltage electric service line" means an | ||
electric line having a design voltage of 100,000 or more. For | ||
purposes of this subsection (g), a public utility may do any of | ||
the following: | ||
(1) replace or upgrade any existing high voltage | ||
electric service line and related facilities, | ||
notwithstanding its length; | ||
(2) relocate any existing high voltage electric | ||
service line and related facilities, notwithstanding its | ||
length, to accommodate construction or expansion of a | ||
roadway or other transportation infrastructure; or | ||
(3) construct a high voltage electric service line and | ||
related facilities that is constructed solely to serve a | ||
single customer's premises or to provide a generator | ||
interconnection to the public utility's transmission | ||
system and that will pass under or over the premises owned | ||
by the customer or generator to be served or under or over | ||
premises for which the customer or generator has secured | ||
the necessary right of way. | ||
(h) A public utility seeking to construct a high-voltage | ||
electric service line and related facilities (Project) must | ||
show that the utility has held a minimum of 2 pre-filing public | ||
meetings to receive public comment concerning the Project in | ||
each county where the Project is to be located, no earlier than | ||
6 months prior to filing an application for a certificate of | ||
public convenience and necessity from the Commission. Notice | ||
of the public meeting shall be published in a newspaper of | ||
general circulation within the affected county once a week for | ||
3 consecutive weeks, beginning no earlier than one month prior | ||
to the first public meeting. If the Project traverses 2 | ||
contiguous counties and where in one county the transmission | ||
line mileage and number of landowners over whose property the | ||
proposed route traverses is one-fifth or less of the | ||
transmission line mileage and number of such landowners of the | ||
other county, then the utility may combine the 2 pre-filing | ||
meetings in the county with the greater transmission line | ||
mileage and affected landowners. All other requirements | ||
regarding pre-filing meetings shall apply in both counties. | ||
Notice of the public meeting, including a description of the | ||
Project, must be provided in writing to the clerk of each | ||
county where the Project is to be located. A representative of | ||
the Commission shall be invited to each pre-filing public | ||
meeting. | ||
(i) For applications filed after August 18, 2015 (the | ||
effective date of Public Act 99-399) this amendatory Act of | ||
the 99th General Assembly, the Commission shall, by certified | ||
mail, registered mail notify each owner of record of land, as | ||
identified in the records of the relevant county tax assessor, | ||
included in the right-of-way over which the utility seeks in | ||
its application to construct a high-voltage electric line of | ||
the time and place scheduled for the initial hearing on the | ||
public utility's application. The utility shall reimburse the | ||
Commission for the cost of the postage and supplies incurred | ||
for mailing the notice. | ||
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | ||
revised 10-21-21.) | ||
(220 ILCS 5/8-406.1) | ||
Sec. 8-406.1. Certificate of public convenience and | ||
necessity; expedited procedure. | ||
(a) A public utility may apply for a certificate of public | ||
convenience and necessity pursuant to this Section for the | ||
construction of any new high voltage electric service line and | ||
related facilities (Project). To facilitate the expedited | ||
review process of an application filed pursuant to this | ||
Section, an application shall include all of the following: | ||
(1) Information in support of the application that | ||
shall include the following: | ||
(A) A detailed description of the Project, | ||
including location maps and plot plans to scale | ||
showing all major components. | ||
(B) The following engineering data: | ||
(i) a detailed Project description including: | ||
(I) name and destination of the Project; | ||
(II) design voltage rating (kV); | ||
(III) operating voltage rating (kV); and | ||
(IV) normal peak operating current rating; | ||
(ii) a conductor, structures, and substations | ||
description including: | ||
(I) conductor size and type; | ||
(II) type of structures; | ||
(III) height of typical structures; | ||
(IV) an explanation why these structures | ||
were selected; | ||
(V) dimensional drawings of the typical | ||
structures to be used in the Project; and | ||
(VI) a list of the names of all new (and | ||
existing if applicable) substations or | ||
switching stations that will be associated | ||
with the proposed new high voltage electric | ||
service line; | ||
(iii) the location of the site and | ||
right-of-way including: | ||
(I) miles of right-of-way; | ||
(II) miles of circuit; | ||
(III) width of the right-of-way; and | ||
(IV) a brief description of the area | ||
traversed by the proposed high voltage | ||
electric service line, including a description | ||
of the general land uses in the area and the | ||
type of terrain crossed by the proposed line; | ||
(iv) assumptions, bases, formulae, and methods | ||
used in the development and preparation of the | ||
diagrams and accompanying data, and a technical | ||
description providing the following information: | ||
(I) number of circuits, with | ||
identification as to whether the circuit is | ||
overhead or underground; | ||
(II) the operating voltage and frequency; | ||
and | ||
(III) conductor size and type and number | ||
of conductors per phase; | ||
(v) if the proposed interconnection is an | ||
overhead line, the following additional | ||
information also must be provided: | ||
(I) the wind and ice loading design | ||
parameters; | ||
(II) a full description and drawing of a | ||
typical supporting structure, including | ||
strength specifications; | ||
(III) structure spacing with typical | ||
ruling and maximum spans; | ||
(IV) conductor (phase) spacing; and | ||
(V) the designed line-to-ground and | ||
conductor-side clearances; | ||
(vi) if an underground or underwater | ||
interconnection is proposed, the following | ||
additional information also must be provided: | ||
(I) burial depth; | ||
(II) type of cable and a description of | ||
any required supporting equipment, such as | ||
insulation medium pressurizing or forced | ||
cooling; | ||
(III) cathodic protection scheme; and | ||
(IV) type of dielectric fluid and | ||
safeguards used to limit potential spills in | ||
waterways; | ||
(vii) technical diagrams that provide | ||
clarification of any item under this item (1) | ||
should be included; and | ||
(viii) applicant shall provide and identify a | ||
primary right-of-way and one or more alternate | ||
rights-of-way for the Project as part of the | ||
filing. To the extent applicable, for each | ||
right-of-way, an applicant shall provide the | ||
information described in this subsection (a). Upon | ||
a showing of good cause in its filing, an | ||
applicant may be excused from providing and | ||
identifying alternate rights-of-way. | ||
(2) An application fee of $100,000, which shall be | ||
paid into the Public Utility Fund at the time the Chief | ||
Clerk of the Commission deems it complete and accepts the | ||
filing. | ||
(3) Information showing that the utility has held a | ||
minimum of 3 pre-filing public meetings to receive public | ||
comment concerning the Project in each county where the | ||
Project is to be located, no earlier than 6 months prior to | ||
the filing of the application. Notice of the public | ||
meeting shall be published in a newspaper of general | ||
circulation within the affected county once a week for 3 | ||
consecutive weeks, beginning no earlier than one month | ||
prior to the first public meeting. If the Project | ||
traverses 2 contiguous counties and where in one county | ||
the transmission line mileage and number of landowners | ||
over whose property the proposed route traverses is 1/5 or | ||
less of the transmission line mileage and number of such | ||
landowners of the other county, then the utility may | ||
combine the 3 pre-filing meetings in the county with the | ||
greater transmission line mileage and affected landowners. | ||
All other requirements regarding pre-filing meetings shall | ||
apply in both counties. Notice of the public meeting, | ||
including a description of the Project, must be provided | ||
in writing to the clerk of each county where the Project is | ||
to be located. A representative of the Commission shall be | ||
invited to each pre-filing public meeting. | ||
For applications filed after the effective date of this | ||
amendatory Act of the 99th General Assembly, the Commission | ||
shall, by certified mail, registered mail notify each owner of | ||
record of the land, as identified in the records of the | ||
relevant county tax assessor, included in the primary or | ||
alternate rights-of-way identified in the utility's | ||
application of the time and place scheduled for the initial | ||
hearing upon the public utility's application. The utility | ||
shall reimburse the Commission for the cost of the postage and | ||
supplies incurred for mailing the notice. | ||
(b) At the first status hearing the administrative law | ||
judge shall set a schedule for discovery that shall take into | ||
consideration the expedited nature of the proceeding. | ||
(c) Nothing in this Section prohibits a utility from | ||
requesting, or the Commission from approving, protection of | ||
confidential or proprietary information under applicable law. | ||
The public utility may seek confidential protection of any of | ||
the information provided pursuant to this Section, subject to | ||
Commission approval. | ||
(d) The public utility shall publish notice of its | ||
application in the official State newspaper within 10 days | ||
following the date of the application's filing. | ||
(e) The public utility shall establish a dedicated website | ||
for the Project 3 weeks prior to the first public meeting and | ||
maintain the website until construction of the Project is | ||
complete. The website address shall be included in all public | ||
notices. | ||
(f) The Commission shall, after notice and hearing, grant | ||
a certificate of public convenience and necessity filed in | ||
accordance with the requirements of this Section if, based | ||
upon the application filed with the Commission and the | ||
evidentiary record, it finds the Project will promote the | ||
public convenience and necessity and that all of the following | ||
criteria are satisfied: | ||
(1) That the Project is necessary to provide adequate, | ||
reliable, and efficient service to the public utility's | ||
customers and is the least-cost means of satisfying the | ||
service needs of the public utility's customers or that | ||
the Project will promote the development of an effectively | ||
competitive electricity market that operates efficiently, | ||
is equitable to all customers, and is the least cost means | ||
of satisfying those objectives. | ||
(2) That the public utility is capable of efficiently | ||
managing and supervising the construction process and has | ||
taken sufficient action to ensure adequate and efficient | ||
construction and supervision of the construction. | ||
(3) That the public utility is capable of financing | ||
the proposed construction without significant adverse | ||
financial consequences for the utility or its customers. | ||
(g) The Commission shall issue its decision with findings | ||
of fact and conclusions of law granting or denying the | ||
application no later than 150 days after the application is | ||
filed. The Commission may extend the 150-day deadline upon | ||
notice by an additional 75 days if, on or before the 30th day | ||
after the filing of the application, the Commission finds that | ||
good cause exists to extend the 150-day period. | ||
(h) In the event the Commission grants a public utility's | ||
application for a certificate pursuant to this Section, the | ||
public utility shall pay a one-time construction fee to each | ||
county in which the Project is constructed within 30 days | ||
after the completion of construction. The construction fee | ||
shall be $20,000 per mile of high voltage electric service | ||
line constructed in that county, or a proportionate fraction | ||
of that fee. The fee shall be in lieu of any permitting fees | ||
that otherwise would be imposed by a county. Counties | ||
receiving a payment under this subsection (h) may distribute | ||
all or portions of the fee to local taxing districts in that | ||
county. | ||
(i) Notwithstanding any other provisions of this Act, a | ||
decision granting a certificate under this Section shall | ||
include an order pursuant to Section 8-503 of this Act | ||
authorizing or directing the construction of the high voltage | ||
electric service line and related facilities as approved by | ||
the Commission, in the manner and within the time specified in | ||
said order.
| ||
(Source: P.A. 99-399, eff. 8-18-15.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||