(220 ILCS 5/9-215)
(from Ch. 111 2/3, par. 9-215)
The Commission shall have power to consider, on a case by
case basis, the status of a utility's capacity and to determine whether or
not such utility's capacity is in excess of that reasonably necessary to
provide adequate and reliable electric service. Excess capacity for
purposes of this Section shall mean capacity in excess of that reasonably
necessary to provide adequate and reliable electric service. Such
consideration shall be related to the utility's historic and projected peak.
The Commission is empowered to make appropriate and equitable adjustments
to rates for utility service upon a finding of excess capacity.
With respect to generating capacity existing or under construction on the
effective date of this amendatory Act of 1985, any such determination and
adjustment to rates, and any determination as to whether such capacity is used
and useful for any purpose under this Act, shall be limited to the
determination and adjustment, if any, appropriate under the law in effect
prior to such effective date.
(Source: P.A. 84-617.)