HB0818ham002 95TH GENERAL ASSEMBLY

Rep. Kevin Joyce

Filed: 4/25/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 818

2     AMENDMENT NO. ______. Amend House Bill 818, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Public Utilities Act is amended by adding
6 Sections 16-131 and 16-132 as follows:
 
7     (220 ILCS 5/16-131 new)
8     Sec. 16-131. Prohibition against the installation,
9 operation, and maintenance of electric distribution facilities
10 and equipment.
11     (a) The General Assembly finds that the installation,
12 maintenance, and operation of electric distribution facilities
13 and equipment has traditionally been performed by electric
14 utility employees and personnel of electric utility
15 contractors who have the requisite skills, training, and
16 experience to properly and safely install, maintain, and

 

 

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1 operate these facilities and equipment. The General Assembly
2 further finds that it is unjust and unreasonable and a public
3 safety and system reliability hazard for retail customers or
4 persons or entities on their behalf to install, maintain or
5 operate electric distribution facilities or equipment.
6     (b) For purposes of this Section:
7     "Retail customer", "alternative retail electric supplier",
8 and "electric utility" have the same meanings as those terms
9 are defined in Section 16-102 of the Public Utilities Act.
10     "Electric distribution facilities and equipment" means any
11 and all of the facilities and equipment, including, but not
12 limited to, substations, distribution feeder circuits,
13 switches, protective equipment, primary circuits, distribution
14 transformers, line extensions and service extensions both
15 above or below ground, conduit, risers, elbows, transformer
16 pads, junction boxes, manholes, pedestals, conductors, and all
17 associated fittings that connect the transmission system to
18 either the weatherhead on the retail customer's building or
19 other structure for above ground service or to the terminals on
20 the meter base of the retail customer's building or other
21 structure for below ground service.
22     (c) Notwithstanding any law, tariff or Commission rule,
23 order, or decision to the contrary, no electric utility shall
24 allow a retail customer or any person, corporation, or agent on
25 behalf of such customer to install, operate, or maintain any
26 electric distribution facilities and equipment. The

 

 

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1 installation, operation, and maintenance of any electric
2 distribution facilities and equipment shall be the obligation
3 of the electric utility that provides delivery services to the
4 retail customer.
5     (d) Subsection (c) of this Section shall not apply to a
6 retail customer of a municipal system or electric cooperative
7 as the terms "municipal system" and "electric cooperative" are
8 respectively defined in Sections 3-119 and 16-102 of the Public
9 Utilities Act.
10     (e) Subsection (c) of this Section shall not apply to a
11 retail customer if that retail customer:
12         (1) receives electric energy or power to engage
13     primarily in industrial, manufacturing, or large
14     commercial activities of any kind, including activities
15     ancillary or incidental thereto, and that retail customer
16     receives at a point of delivery electric energy or power at
17     a voltage of 2400 volts or greater; or
18         (2) is an alternative retail electric supplier using
19     its own electric distribution facilities and equipment to
20     serve its customers.
21     Nothing in this subsection (e) shall be construed to permit
22 the retail customer to own, install, operate, or maintain the
23 meter used by the electric utility or alternative retail
24 electric supplier used to measure the electric power or energy
25 usage of the retail customer. For purposes of this subsection
26 (e), a "point of delivery" means the point at which the

 

 

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1 electric utility or alternative retail electric supplier
2 providing electric distribution facilities and equipment
3 connects its facilities and equipment to the electric
4 distribution facilities and equipment owned or rented by the
5 retail customer, without regard to the location or ownership of
6 transformers, substations, or meters.
7     (f) The employees of an electric utility, including the
8 collective bargaining representative or representatives of
9 such employees, that are obligated to install, operate, or
10 maintain electric distribution facilities and equipment shall
11 have an independent statutory cause of action under State law
12 to file a complaint against an electric utility, retail
13 customer or person, corporation, or agent acting on behalf of a
14 retail customer in circuit court for alleged violations of
15 subsection (c) of this Section.
16     The employees of an electric utility, including the
17 collective bargaining representative or representatives of
18 such employees, may file a complaint in the circuit court of
19 Cook, Sangamon, or Madison County or the circuit court of any
20 county in which the alleged violation of subsection (c) of this
21 Section has or is about to occur in order to have the alleged
22 violation stopped or prevented either by mandamus or
23 injunction. The circuit court shall specify a time, not
24 exceeding 21 days after the service of the copy of the
25 complaint for mandamus or injunction for the filing of an
26 answer, and in the meantime the named defendant or defendants

 

 

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1 shall be restrained from continuing an alleged violation
2 pending a hearing before the court. In the event of default, or
3 after answer, the circuit court shall immediately inquire into
4 the facts and circumstances of the case and enter an
5 appropriate order with respect to the matters in the complaint.
6 An appeal may be taken from the final judgment in the same
7 manner and with the same effect as appeals are taken from
8 judgments of the circuit court in other actions for mandamus or
9 injunction.
10     Nothing in this subsection (f) shall limited the rights of
11 employees of an electric utility, including the collective
12 bargaining representative or representatives of such
13 employees, that is obligated to install, operate, or maintain
14 electric distribution facilities and equipment to file a
15 complaint against the electric utility, retail customer, or
16 person, corporation, or agent acting on behalf of a retail
17 customer with the Commission for alleged violations of
18 subsection (c) of this Section.
19     (g) In any case in which an employee of an electric
20 utility, including the collective bargaining representative or
21 representatives of such employees, demonstrates that an
22 electric utility, retail customer or a person, corporation, or
23 agent acting on behalf of a retail customer has violated or is
24 about to violate subsection (c) of this Section, the circuit
25 court shall permanently restrain the defendant or defendants
26 from continuing the alleged violation and award the party

 

 

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1 bringing the action the reasonable expenses of the litigation,
2 including all reasonable attorney's fees. The circuit court
3 shall impose a civil penalty of not less than $2,000 and not
4 greater than $30,000 for each violation. Each violation of
5 subsection (c) of this Section shall be considered a separate
6 and distinct violation. In the event of a continuing violation,
7 each day's continuance thereof shall be a separate and distinct
8 offense, provided, however, that the cumulative penalty for any
9 continuing violation shall not exceed $500,000, and that these
10 limits shall not apply where the violation was intentional and
11 either (i) created substantial risk to the safety of the
12 utility's employees or customers or the public; or (ii) was
13 intended to cause economic benefits to accrue to the violator.
14 No penalties shall accrue under this subsection (g) until 15
15 days after the mailing of a notice to such party or parties
16 that they are in violation of subsection (c) of this Section,
17 except that this notice provision shall not apply when the
18 violation was intentional.
 
19     (220 ILCS 5/16-132 new)
20     Sec. 16-132. Installation of new electric distribution
21 facilities and equipment for retail customers; customer
22 credits.
23     (a) It is the intent of the General Assembly that every
24 electric utility meet minimum deadlines for the installation of
25 new electric service requested by retail customers.

 

 

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1     (b) For purposes of this Section:
2     "Agricultural use" has the same meaning as a person or
3 entity engaged in activities defined as "production
4 agriculture" under Section 3-35 of the Use Tax Act.
5     "Electric distribution facilities and equipment" has the
6 same meaning as the term defined in subsection (b) of Section
7 16-131 of this Act.
8     "Retail customer" means a retail customer as defined by
9 Section 16-102 of this Act that receives or is eligible to
10 receive delivery services from an electric utility and uses
11 electric power or energy for residential use, agricultural use,
12 or small commercial use. The term "residential use" for
13 purposes of this Section shall include a subdivision developer
14 requesting new electric service for one or more residences.
15     "Small commercial use" means the receipt at a single
16 premises electric power or energy at a voltage of less than
17 2,400 volts for use in commercial activities.
18     (c) The Commission shall promulgate rules establishing
19 deadlines by which electric utilities must install electric
20 distribution facilities and equipment so retail customers can
21 receive new electric service. The rules shall be consistent
22 with Section 16-131 of this Act and shall include fines,
23 penalties, customer credits, and other enforcement mechanisms.
24 In developing the rules, the Commission shall consider, at a
25 minimum, the electric utility's gross annual intrastate
26 revenue; the frequency, duration, and recurrence of the

 

 

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1 violation; and the relative harm caused to the affected retail
2 customer or other users of electric distribution facilities and
3 equipment. In imposing fines, the Commission shall take into
4 account compensation or credits paid by the electric utility to
5 its retail customers pursuant to this Section. These rules
6 shall become effective within one year after the effective date
7 of this amendatory Act of the 95th General Assembly.
8     (d) The rules shall, at a minimum, require each electric
9 utility to do all of the following:
10         (1) Install electric distribution facilities and
11     equipment for new electric service within 15 business days
12     after the receipt of an order from the retail customer
13     unless that customer requests an installation date that is
14     beyond 15 business days after placing the order for new
15     electric service and to inform the retail customer of its
16     duty to install service within this timeframe. If
17     installation of new electric service is requested on or by
18     a date more than 15 business days in the future, the
19     electric utility shall install service by the date
20     requested.
21         (2) Keep all installation appointments for new
22     electric service when a customer premises visit requires a
23     retail customer to be present.
24         (3) Inform a customer when an appointment requires the
25     retail customer to be present.
26         (4) Maintain all records relating to new electric

 

 

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1     service requests received from retail customers.
2         (5) Report to the Commission all new electric service
3     requests that were or were not installed by the deadline
4     established by this subsection (d).
5     (e) The rules shall include provisions for retail customers
6 to be credited by the electric utility for violations of new
7 electric service deadlines as described in subsection (d) of
8 this Section. The credits shall be applied on the statement
9 issued to the retail customer for the next monthly billing
10 cycle following the violation or following the discovery of the
11 violation. The performance levels established in subsection
12 (d) of this Section shall be used by the Commission, at a
13 minimum, to assess whether the electric utility has sufficient
14 staffing levels of electric utility employees who perform new
15 electric service installations. At a minimum, the rules for
16 customer credits shall include the following:
17         (1) If an electric utility fails to install new
18     electric service as required under subsection (d) of this
19     Section, the electric utility shall waive 50% of any
20     installation charges, or in the absence of an installation
21     charge, the electric utility shall provide the customer
22     with a credit of $100. If the electric utility fails to
23     install service within 20 business days after the service
24     request is placed, or fails to install service within 5
25     business days after the retail customer's requested
26     installation date, if the requested date was more than 15

 

 

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1     business days after the date of the order, the electric
2     utility shall waive 100% of the installation charge, or in
3     the absence of an installation charge, the electric utility
4     shall provide a credit of $200. For each day that the
5     failure to install new electric service continues beyond
6     the initial 20 business days, or beyond 5 business days
7     after the retail customer's requested installation date,
8     if the requested date was more than 15 business days after
9     the date of the order, the electric utility shall also
10     provide an additional credit of $20 per day.
11         (2) If the electric utility fails to keep a scheduled
12     installation appointment when a customer premises visit
13     requires a retail customer to be present, the electric
14     utility shall credit the customer $50 per missed
15     appointment. A credit required by this subsection (d) does
16     not apply when the electric utility provides the retail
17     customer with 24-hour notice of its inability to keep the
18     appointment.
19         (3) Credits required by this subsection do not apply if
20     the violation of a service quality standard: (A) occurs as
21     a result of a negligent or willful act of the retail
22     customer; (B) occurs as a result of a malfunction of
23     customer-owned equipment or inside wiring; (C) occurs as a
24     result of, or is extended by, an emergency situation as
25     defined in Commission rules, provided that a strike,
26     lockout or other work stoppage caused by a labor dispute

 

 

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1     between the electric utility and its employees shall not
2     constitute an emergency situation; (D) is extended by the
3     electric utility's ability to gain access to the customer's
4     premises to due to the customer missing an appointment,
5     provided that the violation is not extended further by the
6     electric utility; (E) occurs as a result of a retail
7     customer request to change the scheduled appointment,
8     provided that the violation is not further extended by the
9     electric utility; or (F) occurs as a result of an electric
10     utility's right to refuse service to a customer as provided
11     in the Commission's rules.
12         (4) The provisions of this subsection (e) are
13     cumulative and shall not in any way diminish or replace
14     other civil or administrative remedies available to a
15     retail customer.
16     (e) The rules shall require each electric utility to
17 provide to the Commission, on a quarterly basis and in a form
18 suitable for posting on the Commission's website, a public
19 report that includes performance data for new electric service
20 installations. The performance data shall be disaggregated for
21 each geographic area of the State for which the electric
22 utility operates and in a manner established by the Commission.
23 The report shall include, at minimum, performance data on new
24 electric service installations and missed installation
25 commitments.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".