(220 ILCS 30/8) (from Ch. 111 2/3, par. 408)
Sec. 8.
When a complaint has been filed as provided in Section 7, the
Commission shall proceed, after reasonable notice to the suppliers
concerned, to a hearing to determine which of the suppliers is entitled or
should be permitted under this Act to furnish the proposed service. The
Commission shall first determine whether temporary service should be
authorized and may issue a temporary authorization to a supplier permitting
the making of extensions and furnishing of service while the dispute is
pending. The Commission shall then make its determination as to which
supplier is entitled or should be permitted under this Act to furnish the
proposed service. In making this determination, the Commission shall act in
the public interest and shall give substantial weight to the consideration
as to which supplier had existing lines in proximity to the premises
proposed to be served, provided such lines are adequate. In addition, the
Commission may consider, but with lesser weight, (a) the customer's
preference as to which supplier should furnish the proposed service, (b)
which supplier was first furnishing service in the area, (c) the extent to
which each supplier assisted in creating the demand for the proposed
service, and (d) which supplier can furnish the proposed service with the
smaller amount of additional investment. The Commission, however, shall
give no weight or consideration to the fact that any supplier has or has
not been issued a certificate of public convenience and necessity in the
area proposed to be served.
After making its determination, the Commission shall make findings of
fact and render its decision as to which supplier is entitled or should be
permitted to furnish the proposed service. The decision of the Commission
constitutes an authorization to that supplier to render such service and
revokes any temporary authorization granted by the Commission while the
dispute was pending.
(Source: Laws 1965, p. 1206.)
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