(220 ILCS 5/16-114)
Sec. 16-114.
Recovery of decommissioning charges.
On or before April 1, 1999, each electric utility owning
an interest in, or having responsibility as a matter of
contract or statute for decommissioning costs as defined in
Section 8-508.1 of, one or more nuclear power plants shall file
with the Commission a tariff or tariffs conforming to the
provisions of Section 9-201.5 of this Act, to be applicable to each and every
kilowatt-hour of electricity delivered or sold at retail in the electric
utility's service area, including, but not limited to, sales by the electric
utility to tariffed services retail customers, sales by the electric utility to
retail customers pursuant to special contracts or other negotiated
arrangements, sales by alternative retail electric suppliers, and sales by an
electric utility other than the electric utility in whose service
area the retail customer is located; provided, however, that for a
user that obtained electric power and energy from its own
cogeneration or self-generation facilities on or before
January 1, 1997, and subsequently takes services from an
alternative retail electric supplier or an electric
utility other than the electric utility in whose service
area the user is located for any portion of its electric
power and energy requirements formerly obtained from
those facilities, the tariff required by this Section
shall not be applicable in any year to that portion of
the user's electric power and energy requirements
formerly obtained from those facilities, provided that
for the purposes of this Section, such portion shall not
exceed the average number of kilowatt-hours per year
obtained from the cogeneration or self-generation
facilities during the 3 years prior to the date on which
the user became eligible for delivery services.
The Commission shall determine whether the tariff meets the
requirements of Sections 9-201 and 9-201.5 and of this
Section, and shall permit the electric utility's tariff
together with any modifications made after hearing to become
effective no later than October 1, 1999. In making its determination, the
Commission shall retain the authority it possessed prior to the effective date
of this amendatory Act of 1997 to make jurisdictional allocations of
decommissioning expense recovery.
The tariff filed
pursuant to this Section shall be
applicable to any user taking some or all of its electric
power and energy requirements from an alternative retail
electric supplier or from an electric utility other than the
electric utility in whose service area the user is located on
and after the date that the user becomes eligible for delivery
services in accordance with Section 16-104. If the electric
utility has in effect as of the effective date of this
amendatory Act of 1997 a decommissioning rate as defined in
Section 9-201.5 conforming to the requirements of that
Section, the tariff or tariffs required by this Section shall
if the electric utility requests be consistent with its
decommissioning rate that is already in effect; provided, that
the tariff or tariffs filed pursuant to this Section shall
provide for the removal from base rates of any decommissioning
costs that are included in the electric utility's base rates
and their inclusion in the tariff or tariffs required by this
Section. The tariff required by this Section shall be included
by the Commission in the reviews required by subsection (d) of
Section 9-201.5.
(Source: P.A. 90-561, eff. 12-16-97.)
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