(220 ILCS 5/15-504)
Sec. 15-504.
Rate proceedings.
(a) Initiation of
proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own
motion or complaint.
(b) Suspension of tariffs. The Commission may
suspend a tariff, in whole or in part, during the
pendency of a proceeding to consider the reasonableness
of the tariff, whether it is
discriminatory, or whether it
otherwise violates provisions of this Article, Commission
regulations, or orders, provided the order of suspension
is issued prior to the effective date of the tariff. The
suspension shall remain in effect for 11 months
unless the Commission order provides for a shorter period
of suspension. At the end of the statutory suspension
period, the suspension may be extended by agreement of the
parties; otherwise, the tariff shall go into effect.
(c) Burden of proof in investigation proceedings.
The burden of proof in an investigation proceeding shall
be on the proponent of the rate.
(d) Prescription of tariffs and schedules. The
Commission may prescribe tariffs if it has determined
that a tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Article,
Commission regulations, or orders. The Commission may
prescribe schedules if it has determined, after
a hearing, that a schedule filed by a carrier is in
violation of this Article, Commission regulations, or orders.
(e) Relief. The Commission may, if it finds a
tariff or schedule is in violation of this Article, its
regulations, or orders, or finds rates or provisions in a
tariff unjust, unreasonable, or discriminatory, direct
the carrier to:
(1) Publish and file a supplement cancelling the | ||
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(2) Publish and file a new tariff or file a new | ||
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(3) Repay any overcharges or collect any | ||
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(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-505)
Sec. 15-505.
Ratemaking standards.
Rates for common
carrier by pipeline service must be just, reasonable, and
not discriminatory. The Commission shall, in exercising
its ratemaking powers, consider, among other factors, the
inherent advantages of transportation by common carrier pipeline, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with
provision of the service, and the revenue needs of
carriers under honest, economical, and efficient
management. The Commission shall not, in exercising its
ratemaking powers, consider the value of any operating
authority held by a carrier, or the value of goodwill
or earning power connected with operations of the
carrier.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-506)
Sec. 15-506.
Charges to conform to tariffs or schedules
and orders of the Commission.
(a) Overcharges and
undercharges prohibited. No common carrier by pipeline
shall offer, advertise, charge, demand, collect, or
receive, in any manner, a greater, lesser, or different
compensation for transportation or service in
connection therewith than the rates and charges specified
in tariffs or schedules on file with the Commission and
in effect at the time the transportation or other
service is rendered. No carrier shall offer,
advertise, charge, demand, collect, or receive any
compensation for transportation or other service
rendered in connection therewith if there is not in
effect at the time a lawfully applicable tariff or
schedule. No carrier shall refund or
remit, in any manner, or by any device, whether directly
or indirectly, or through an agent or otherwise, other
than or under Commission order, a portion of the
rates or charges specified in tariffs or schedules on
file with the Commission and in effect at the time. No
carrier shall extend a discount,
value, privilege, or facility for transportation or
service rendered in connection therewith, except as
specified in tariffs or schedules on file with the
Commission and in effect at the time.
(b) Repayment of overcharges, collection of
undercharges and reparations.
(1) Repayment of overcharges and payment of | ||
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(2) Collection of undercharges. The Commission may | ||
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(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-507)
Sec. 15-507.
Joint rates and routes.
(a) Establishment
by carriers. Two or more common carriers by pipeline may
establish through routes and joint rates, provided that
the rates, divisions, and practices relating thereto
are just, reasonable, and not discriminatory.
(b) Establishment by the Commission. The Commission
may, on its own motion, petition, or complaint, where
2 or more carriers by pipeline have failed to establish
through routes, joint rates, divisions, and practices
relating thereto, establish such routes, rates, divisions,
and practices. The Commission shall take this action
only after notice and a hearing to consider whether the
proposed routes, rates, divisions, and practices are just,
reasonable, and not discriminatory, whether a carrier
has a reasonable objection to establishment of the
routes, rates, divisions, and practices, and whether the
objections can be satisfied by imposing reasonable terms
and conditions on the application of the routes, rates,
divisions, and practices.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-508)
Sec. 15-508.
Statute of limitations for charges.
(a)
Collection actions. Actions to collect charges under
lawfully applicable rates must be instituted within 3
years after rendition of the service.
(b) Reparations or overcharge proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years after
rendition of the service, and an action seeking judicial
enforcement of a Commission order awarding reparations
must be instituted within one year after issuance of such
order. Where an action seeking judicial review of a
Commission order awarding reparations is filed, the time
preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-509)
Sec. 15-509.
Rules.
The Commission may adopt standards and
procedures to ensure that the rates of common carriers by pipeline are
reasonable and not discriminatory. These regulations may provide
for prescription of rates, or for publications subject to
investigation and suspension, and may establish special standards
and procedures for other matters necessary to
effectuate the purposes of this Article.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-601)
Sec. 15-601.
Safety regulation.
Each common carrier by
pipeline shall construct, maintain, and operate all of
its pipelines, related facilities, and equipment in this
State in a manner that poses no undue risk to its
employees, customers, or the public. The obligation of
the carrier shall include the construction, maintenance,
and operation of safety devices or structures, the
revision of practices effecting safety, and other acts
necessary to ensure the safety of its employees,
customers, and the public. The Commission may, by
reference to federal safety regulations or otherwise,
adopt reasonable regulations governing the construction,
maintenance, and operations of pipelines, related
facilities, and equipment to ensure the safety of
pipeline employees, customers, and the public.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-701)
Sec. 15-701.
Grandfather provision.
All certificates of
public convenience and necessity for common carrier by
pipeline, tariffs and schedules, and findings, orders,
decisions, rules, and regulations, issued under the
repealed provisions of the Illinois Commercial Transportation Law, and not
subject to judicial
review as
of the effective date of this amendatory Act of 1995, shall
continue in full force and effect as if adopted, issued,
established, or recognized under the Public Utilities
Act.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/Art. XVI heading) ARTICLE XVI.
ELECTRIC SERVICE CUSTOMER CHOICE AND RATE
RELIEF LAW OF 1997
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