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91_SB1653eng SB1653 Engrossed LRB9113005JSpc 1 AN ACT to amend the Public Utilities Act by changing 2 Sections 4-202, 4-203, 5-202, and 16-125. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Public Utilities Act is amended by 6 changing Sections 4-202, 4-203, 5-202, and 16-125 as follows: 7 (220 ILCS 5/4-202) (from Ch. 111 2/3, par. 4-202) 8 Sec. 4-202. Action for injunction. 9 (a) Except as provided in subsection (b) with respect to 10 telecommunications carriers as defined in Section 13-202, 11 whenever the Commission shall be of the opinion that any 12 public utility is failing or omitting or about to fail or 13 omit to do anything required of it by law, or by any order, 14 decision, rule, regulation, direction or requirement of the 15 Commission, issued or made under authority of this Act, or is 16 doing anything or about to do anything or permitting anything 17 or about to permit anything to be done, contrary to or in 18 violation of law or any order, decision, rule, regulation, 19 direction or requirement of the Commission, issued or made 20 under authority of this Act, the Commission shall file an 21 action or proceeding in the circuit court in and for the 22 county in which the case or some part thereof arose, or in 23 which the person or corporation complained of, if any, has 24 its principal place of business, or in which the person 25 complained of, if any, resides, in the name of the People of 26 the State of Illinois, for the purpose of having the 27 violation or threatened violation stopped and prevented, 28 either by mandamus or injunction. The Commission may express 29 its opinion in a resolution based upon whatever facts and 30 evidence that has come to its attention and may issue the 31 resolution ex parte and without holding any administrative SB1653 Engrossed -2- LRB9113005JSpc 1 hearing before bringing suit. Except in cases involving an 2 imminent threat to the public health or public safety, no 3 such resolution shall be adopted until 48 hours after the 4 public utility has been given notice of (i) the substance of 5 the alleged violation, including a citation to the law, 6 order, decision, rule, regulation, or direction of the 7 Commission alleged to have been violated and (ii) the time 8 and date of the meeting at which such resolution will first 9 be before the Commission for consideration. The Commission 10 shall file the action or proceeding by complaint in the 11 circuit court alleging the violation or threatened violation 12 complained of and praying for appropriate relief by way of 13 mandamus or injunction. It shall thereupon be the duty of 14 the court to specify a time, not exceeding 20 days after the 15 service of the copy of the complaint, within which the public 16 utility complained of must answer the complaint, and in the 17 meantime said public utility may be restrained. In case of 18 default in answer, or after answer, the court shall 19 immediately inquire into the facts and circumstances of the 20 case. Such corporation or persons as the court may deem 21 necessary or proper to be joined as parties, in order to make 22 its judgment order effective, may be joined as parties. The 23 final judgment in any action or proceeding shall either 24 dismiss the action or proceeding or grant relief by mandamus 25 or injunction or be made permanent as prayed for in the 26 complaint, or in such modified or other form as will afford 27 appropriate relief. An appeal may be taken from such final 28 judgment as in other civil cases. 29 (b) This subsection shall apply to telecommunications 30 carriers as defined in Section 13-202. Whenever the 31 Commission shall be of the opinion that any public utility is 32 failing or omitting or about to fail or omit,to do anything 33 required of it by law, or by any order, decision, rule, 34 regulation, direction or requirement of the Commission, SB1653 Engrossed -3- LRB9113005JSpc 1 issued or made under authority of this Act, or is doing 2 anything or about to do anything or permitting anything or 3 about to permit anything to be done, contrary to or in 4 violation of law or any order, decision, rule, regulation, 5 direction or requirement of the Commission, issued or made 6 under authority of this Act, the Commission shall file an 7 action or proceeding in the circuit court in and for the 8 county in which the case or some part thereof arose, or in 9 which the person or corporation complained of, if any, has 10 its principal place of business, or in which the person 11 complained of, if any, resides, in the name of the People of 12 the State of Illinois, for the purpose of having the 13 violation or threatened violation stopped and prevented, 14 either by mandamus or injunction. The Commission shall file 15 the action or proceeding by complaint in the circuit court, 16 alleging the violation or threatened violation complained of, 17 and praying for appropriate relief by way of mandamus or 18 injunction. It shall thereupon be the duty of the court to 19 specify a time, not exceeding 20 days after the service of 20 the copy of the complaint, within which the public utility 21 complained of must answer the complaint, and in the meantime 22 said public utility may be restrained. In case of default in 23 answer, or after answer, the court shall immediately inquire 24 into the facts and circumstances of the case. Such 25 corporation or persons as the court may deem necessary or 26 proper to be joined as parties, in order to make its 27 judgment,order effective, may be joined as parties. The 28 final judgment in any action or proceeding shall either 29 dismiss the action or proceeding or grant relief by mandamus 30 or injunction or be made permanent as prayed for in the 31 complaint, or in such modified or other form as will afford 32 appropriate relief. An appeal may be taken from such final 33 judgment as in other civil cases. 34 (Source: P.A. 84-617.) SB1653 Engrossed -4- LRB9113005JSpc 1 (220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203) 2 Sec. 4-203. Action to recover penalties. 3 (a) Except as provided in subsection (b) with respect to 4 telecommunications carriers as defined in Section 13-202: 5 (1) All civil penalties established under this Act 6 shall be assessed and collected by the Commission. Except 7 for the penalties provided under Section 2-202, civil 8 penalties may be assessed only after notice and 9 opportunity to be heard. Any such civil penalty may be 10 compromised by the Commission. In determining the amount 11 of the penalty, or the amount agreed to in compromise, 12 the Commission shall consider the appropriateness of the 13 penalty to the size of the business of the public 14 utility, corporation other than a public utility, or 15 person acting as a public utility charged, the gravity of 16 the violation, and the good faith of the public utility, 17 corporation other than a public utility, or person acting 18 as a public utility charged in attempting to achieve 19 compliance after notification of a violation. Nothing in 20 this Section, however, increases or decreases any minimum 21 or maximum penalty prescribed elsewhere in this Act. 22 (2) If timely judicial review of a Commission order 23 that imposes a civil penalty is taken by the public 24 utility, corporation other than a public utility, or 25 person acting as a public utility on which the civil 26 penalty has been imposed, the reviewing court shall enter 27 a judgment on all amounts upon affirmance of the 28 Commission order. If timely judicial review is not taken 29 and the civil penalty remains unpaid for 60 days after 30 service of the order, the Commission in its discretion 31 may either begin revocation proceedings or bring suit to 32 recover the penalties. Unless stayed by a reviewing 33 court, interest shall accrue from 60 days after the date 34 of service of the Commission order. SB1653 Engrossed -5- LRB9113005JSpc 1 (3) Actions to recover delinquent civil penalties 2 under this Act shall be brought in the name of the People 3 of the State of Illinois in the circuit court in and for 4 the county in which the cause, or some part thereof, 5 arose, or in which the corporation complained of, if any, 6 has its principal place of business, or in which the 7 person, if any, complained of, resides. The action shall 8 be commenced and prosecuted to final judgment by the 9 Commission. In any such action, all interest incurred up 10 to the time of final court judgment may be sued for and 11 recovered in that action. In all such actions, the 12 procedure and rules of evidence shall be the same as in 13 ordinary civil actions, except as otherwise herein 14 provided. All fines and penalties recovered by the State 15 in any such action shall be paid into the State treasury 16 to the credit of the General Revenue Fund. Any such 17 action may be compromised or discontinued on application 18 of the Commission upon such terms as the court shall 19 approve and order. 20 (4) Civil penalties related to the late filing of 21 reports, taxes, or other filings shall be paid into the 22 State Treasury to the credit of the Public Utility Fund. 23 Except as otherwise provided in this Act, all other fines 24 and civil penalties shall be paid into the State Treasury 25 to the credit of the General Revenue Fund. 26 (b) This subsection shall apply to telecommunications 27 carriers as defined in Section 13-202. Except as otherwise 28 provided in this Act, actions to recover penalties under this 29 Act shall be brought in the name of the People of the State 30 of Illinois in the circuit court in and for the county in 31 which the cause, or some part thereof, arose, or in which the 32 corporation complained of, if any, has its principal place of 33 business, or in which the person, if any, complained of, 34 resides. The action shall be commenced and prosecuted to SB1653 Engrossed -6- LRB9113005JSpc 1 final judgment by the Commission. In any such action, all 2 penalties incurred up to the time of commencing the same may 3 be sued for and recovered. In all such actions, the procedure 4 and rules of evidence shall be the same as in ordinary civil 5 actions, except as otherwise herein provided. All fines and 6 penalties recovered by the State in any such action shall be 7 paid into the State treasury to the credit of the general 8 fund. Any such action may be compromised or discontinued on 9 application of the Commission upon such terms as the court 10 shall approve and order. 11 (Source: P.A. 84-617.) 12 (220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202) 13 Sec. 5-202. Violations; penalty. 14 (a) Except as provided in subsection (b) with respect to 15 telecommunications carriers as defined in Section 13-202, any 16 public utility, any corporation other than a public utility, 17 or any person acting as a public utility that violates or 18 fails to comply with any provisions of this Act, or that 19 fails to obey, observe, or comply with any order, decision, 20 rule, regulation, direction, or requirement, or any part or 21 provision thereof, of the Commission, made or issued under 22 authority of this Act, in a case in which a penalty is not 23 otherwise provided for in this Act, shall be subject to a 24 civil penalty imposed in the manner provided in Section 25 4-203. A small public utility, as defined in subsection (b) 26 of Section 4-502 of this Act, is subject to a civil penalty 27 of not less than $500 nor more than $2,000 for each and every 28 offense. All other public utilities, corporations other than 29 a public utility, and persons acting as a public utility are 30 subject to a civil penalty of up to $30,000 for each and 31 every offense. 32 Every violation of the provisions of this Act or of any 33 order, decision, rule, regulation, direction, or requirement SB1653 Engrossed -7- LRB9113005JSpc 1 of the Commission, or any part or portion thereof by any 2 corporation or person, is a separate and distinct offense, 3 and in case of a continuing violation each day's continuance 4 thereof shall be a separate and distinct offense, provided, 5 however, the cumulative penalty for any continuing violation 6 shall not exceed $500,000. 7 In construing and enforcing the provisions of this Act 8 relating to penalties, the act, omission, or failure of any 9 officer, agent, or employee of any public utility, 10 corporation other than a public utility, or person acting as 11 a public utility that is acting within the scope of his 12 official duties or employment shall in every case be deemed 13 to be the act, omission, or failure of such public utility, 14 corporation other than a public utility, or person acting as 15 a public utility. 16 If the party who has violated or failed to comply with 17 this Act or an order, decision, rule, regulation, direction, 18 or requirement of the Commission or any part or provision 19 thereof fails to seek review pursuant to Sections 10-113 and 20 10-201 of this Act within 30 days after service of the order, 21 the party shall, upon expiration of the 30 days, be subject 22 to the civil penalty provision of this Section. 23 (b) This subsection shall apply to telecommunications 24 carriers as defined in Section 13-202. Any public utility or 25 any corporation other than a public utility, which violates 26 or fails to comply with any provisions of this Act, or which 27 fails to obey, observe or comply with any order, decision, 28 rule, regulation, direction, or requirement or any part or 29 provision thereof, of the Commission, made or issued under 30 authority of this Act, in a case in which a penalty is not 31 otherwise provided for in this Act, shall be subject to a 32 civil penalty imposed in the manner provided in Section 4-203 33 of not less than $500 nor more than $2,000 for each and every 34 offense. SB1653 Engrossed -8- LRB9113005JSpc 1 Every violation of the provisions of this Act or of any 2 order, decision, rule, regulation, direction, or requirement 3 of the Commission, or any part or portion thereof by any 4 corporation or person, is a separate and distinct offense, 5 and in case of a continuing violation each day's continuance 6 thereof shall be a separate and distinct offense. 7 In construing and enforcing the provisions of this Act 8 relating to penalties, the act, omission, or failure of any 9 officer, agent, or employee of any public utility acting 10 within the scope of his official duties or employment, shall 11 in every case be deemed to be the act, omission, or failure 12 of such public utility. 13 If the party who has violated or failed to comply with 14 this Act or an order, decision, rule, regulation, direction, 15 or requirement of the Commission or any part or provision 16 thereof, fails to seek review pursuant to Sections 10-113 and 17 10-201 of this Act within 30 days afterofservice of the 18 order, the party shall, upon expiration of the 30 days, be 19 subject to the civil penalty provision of this Section. 20 No penalties shall accrue under this provision until 15 21 days after the mailing of a notice to such party or parties 22 that they are in violation of or have failed to comply with 23 the Act or order, decision, rule, regulation, direction, or 24 requirement of the Commission or any part or provision 25 thereof. 26 (Source: P.A. 87-164.) 27 (220 ILCS 5/16-125) 28 Sec. 16-125. Transmission and distribution reliability 29 requirements. 30 (a) To assure the reliable delivery of electricity to 31 all customers in this State and the effective implementation 32 of the provisions of this Article, the Commission shall, 33 within 180 days of the effective date of this Article, adopt SB1653 Engrossed -9- LRB9113005JSpc 1 rules and regulations for assessing and assuring the 2 reliability of the transmission and distribution systems and 3 facilities that are under the Commission's jurisdiction. 4 (b) These rules and regulations shall require each 5 electric utility or alternative retail electric supplier 6 owning, controlling, or operating transmission and 7 distribution facilities and equipment subject to the 8 Commission's jurisdiction, referred to in this Section as 9 "jurisdictional entities", to adopt and implement procedures 10 for restoring transmission and distribution services to 11 customers after transmission or distribution outages on a 12 nondiscriminatory basis without regard to whether a customer 13 has chosen the electric utility, an affiliate of the electric 14 utility, or another entity as its provider of electric power 15 and energy. These rules and regulations shall also, at a 16 minimum, specifically require each jurisdictional entity to 17 submit annually to the Commission. 18 (1) the number and duration of planned and 19 unplanned outages during the prior year and their impacts 20 on customers; 21 (2) outages that were controllable and outages that 22 were exacerbated in scope or duration by the condition of 23 facilities, equipment or premises or by the actions or 24 inactions of operating personnel or agents; 25 (3) customer service interruptions that were due 26 solely to the actions or inactions of an alternative 27 retail electric supplier or a public utility in supplying 28 power or energy; 29 (4) a detailed report of the age, current 30 condition, reliability and performance of the 31 jurisdictional entity's existing transmission and 32 distribution facilities, which shall include, without 33 limitation, the following data: 34 (i) a summary of the jurisdictional entity's SB1653 Engrossed -10- LRB9113005JSpc 1 outages and voltage variances reportable under the 2 Commission's rules; 3 (ii) the jurisdictional entity's expenditures 4 for transmission construction and maintenance, the 5 ratio of those expenditures to the jurisdictional 6 entity's transmission investment, and the average 7 remaining depreciation lives of the entity's 8 transmission facilities, expressed as a percentage 9 of total depreciation lives; 10 (iii) the jurisdictional entity's expenditures 11 for distribution construction and maintenance, the 12 ratio of those expenditures to the jurisdictional 13 entity's distribution investment, and the average 14 remaining depreciation lives of the entity's 15 distribution facilities, expressed as a percentage 16 of total depreciation lives; 17 (iv) a customer satisfaction survey covering, 18 among other areas identified in Commission rules, 19 reliability, customer service, and understandability 20 of the jurisdictional entity's services and prices; 21 and 22 (v) the corresponding information, in the same 23 format, for the previous 3 years, if available; 24 (5) a plan for future investment and reliability 25 improvements for the jurisdictional entity's transmission 26 and distribution facilities that will ensure continued 27 reliable delivery of energy to customers and provide the 28 delivery reliability needed for fair and open 29 competition; and 30 (6) a report of the jurisdictional entity's 31 implementation of its plan filed pursuant to subparagraph 32 (5) for the previous reporting period. 33 (c) The Commission rules shall set forth the criteria 34 that will be used to assess each jurisdictional entity's SB1653 Engrossed -11- LRB9113005JSpc 1 annual report and evaluate its reliability performance. Such 2 criteria must take into account, at a minimum: the items 3 required to be reported in subsection (b); the relevant 4 characteristics of the area served; the age and condition of 5 the system's equipment and facilities; good engineering 6 practices; the costs of potential actions; and the benefits 7 of avoiding the risks of service disruption. 8 (d) At least every 3 years, beginning in the year the 9 Commission issues the rules required by subsection (a) or the 10 following year if the rules are issued after June 1, the 11 Commission shall assess the annual report of each 12 jurisdictional entity and evaluate its reliability 13 performance. The Commission's evaluation shall include 14 specific identification of, and recommendations concerning, 15 any potential reliability problems that it has identified as 16 a result of its evaluation. 17 (e) In the event that more than 30,000 customers of an 18 electric utility are subjected to a continuous power 19 interruption of 4 hours or more that results in the 20 transmission of power at less than 50% of the standard 21 voltage, or that results in the total loss of power 22 transmission, the utility shall be responsible for 23 compensating customers affected by that interruption for 4 24 hours or more for all actual damages, which shall not 25 include consequential damages, suffered as a result of the 26 power interruption. The utility shall also reimburse the 27 affected municipality, county, or other unit of local 28 government in which the power interruption has taken place 29 for all emergency and contingency expenses incurred by the 30 unit of local government as a result of the interruption. A 31 waiver of the requirements of this subsection may be granted 32 by the Commission in instances in which the utility can show 33 that the power interruption was a result of any one or more 34 of the following causes: SB1653 Engrossed -12- LRB9113005JSpc 1 (1) Unpreventable damage due to weather events or 2 conditions. 3 (2) Customer tampering. 4 (3) Unpreventable damage due to civil or 5 international unrest or animals. 6 (4) Damage to utility equipment or other actions by 7 a party other than the utility, its employees, agents, 8 or contractors. 9 Loss of revenue and expenses incurred in complying with this 10 subsection may not be recovered from ratepayers. 11 (f) In the event of a power surge or other fluctuation 12 that causes damage and affects more than 30,000 customers, 13 the electric utility shall pay to affected customers the 14 replacement value of all goods damaged as a result of the 15 power surge or other fluctuation unless the utility can show 16 that the power surge or other fluctuation was due to one or 17 more of the following causes: 18 (1) Unpreventable damage due to weather events or 19 conditions. 20 (2) Customer tampering. 21 (3) Unpreventable damage due to civil or 22 international unrest or animals. 23 (4) Damage to utility equipment or other actions by 24 a party other than the utility, its employees, agents, 25 or contractors. 26 Loss of revenue and expenses incurred in complying with this 27 subsection may not be recovered from ratepayers. Customers 28 with respect to whom a waiver has been granted by the 29 Commission pursuant to subparagraphs (1)-(4) of subsections 30 (e) and (f) shall not count toward the 30,000 customers 31 required therein. 32 (g) Whenever an electric utility must perform planned 33 or routine maintenance or repairs on its equipment that will 34 result in transmission of power at less than 50% of the SB1653 Engrossed -13- LRB9113005JSpc 1 standard voltage, loss of power, or power fluctuation (as 2 defined in subsection (f)), the utility shall make 3 reasonable efforts to notify potentially affected customers 4 no less than 24 hours in advance of performance of the 5 repairs or maintenance. 6 (h) Remedies provided for under this Section may be 7 sought exclusively through the Illinois Commerce Commission 8 as provided under Section 10-109 of this Act. Damages 9 awarded under this Section for a power interruption shall be 10 limited to actual damages, which shall not include 11 consequential damages, and litigation costs. Damage awards 12 and other amounts assessed against an electric utility under 13 this Section may not be paid out of utility rate funds, 14 except that if the electric utility prevails in whole or in 15 part in showing that the power interruption or power surge or 16 other fluctuation was due to one or more of the causes set 17 forth in subsections (e)(1) through (e)(4) or (f)(1) through 18 (f)(4), the electric utility may request and the Commission 19 may determine that some or all of the consultant expenses 20 assessed against it under this subsection are recoverable to 21 the extent permitted by this Act. If the Commission receives 22 a formal request for a waiver under subsection (e) or (f), 23 either in a filing by the electric utility which initiates a 24 formal proceeding or in a filing made by the utility in a 25 formal complaint brought by one or more customers under 26 subsection (e) or (f), the Commission is authorized to retain 27 consultants with technical expertise who are independent of 28 the utility and of interested parties to assist the 29 Commission or its staff in resolving such request. The 30 Commission shall assess the electric utility for the 31 reasonable fees and expenses of such consultants. Any 32 technical consultants used by the Commission as part of a 33 hearing on a waiver request shall be subject to 34 cross-examination and the rules of the Commission governing SB1653 Engrossed -14- LRB9113005JSpc 1 ex parte communication. The affected public utility must be 2 provided with a copy of any written report submitted or 3 produced by a technical consultant retained by the 4 Commission, and the affected public utility must be given an 5 opportunity to comment on and respond to any analyses, 6 conclusions or reports issued by any technical consultant. 7 (i) The provisions of this Section shall not in any way 8 diminish or replace other civil or administrative remedies 9 available to a customer or a class of customers. 10 (j) The Commission shall by rule require an electric 11 utility to maintain service records detailing information on 12 each instance of transmission of power at less than 50% of 13 the standard voltage, loss of power, or power fluctuation 14 (as defined in subsection (f)), that affects 10 or more 15 customers. Occurrences that are momentary shall not be 16 required to be recorded or reported. The service record 17 shall include, for each occurrence, the following 18 information: 19 (1) The date. 20 (2) The time of occurrence. 21 (3) The duration of the incident. 22 (4) The number of customers affected. 23 (5) A description of the cause. 24 (6) The geographic area affected. 25 (7) The specific equipment involved in the 26 fluctuation or interruption. 27 (8) A description of measures taken to restore 28 service. 29 (9) A description of measures taken to remedy the 30 cause of the power interruption or fluctuation. 31 (10) A description of measures taken to prevent 32 future occurrence. 33 (11) The amount of remuneration, if any, paid to 34 affected customers. SB1653 Engrossed -15- LRB9113005JSpc 1 (12) A statement of whether the fixed charge was 2 waived for affected customers. 3 Copies of the records containing this information shall 4 be available for public inspection at the utility's offices, 5 and copies thereof may be obtained upon payment of a fee not 6 exceeding the reasonable cost of reproduction. A copy of 7 each record shall be filed with the Commission and shall be 8 available for public inspection. Copies of the records may 9 be obtained upon payment of a fee not exceeding the 10 reasonable cost of reproduction. 11 (k) The requirements of subsections (e) through (j) of 12 this Section shall apply only to an electric public utility 13 having 1,000,000 or more customers. 14 (Source: P.A. 90-561, eff. 12-16-97.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.