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90_HB0983 220 ILCS 5/8-408 new Amends the Public Utilities Act in relation to power interruptions and surges. Provides that in the event of power failures that total more than 4 hours in any 30 day period, electric public utilities must waive the monthly fixed fee to customers, compensate customers for damages incurred because of the failure, and reimburse governmental units for emergency and contingency expenses incurred. Requires compensation to customers for damages caused by power surges. Imposes certain recordkeeping requirements on all public utilities. Defines terms. LRB9002509JSmg LRB9002509JSmg 1 AN ACT to amend the Public Utilities Act by adding 2 Section 8-408. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Public Utilities Act is amended by adding 6 Section 8-408 as follows: 7 (220 ILCS 5/8-408 new) 8 Sec. 8-408. Power interruptions and surges; damages. 9 (a) In the event that a customer of an electric public 10 utility is subjected to power interruptions of 4 hours or 11 more, cumulatively, that result in the transmission of power 12 at less than 50% of the standard voltage or the total loss of 13 power transmission during any 30 day period, the utility may 14 not charge or collect the fixed service charge on the 15 customer's periodic bill. In addition, the utility shall be 16 responsible for compensating affected customers for all 17 damages suffered as a result of the power interruption. The 18 utility shall also reimburse the affected municipality, 19 county, or other unit of local government in which the power 20 interruption or interruptions have taken place for all 21 emergency and contingency expenses incurred by the unit of 22 local government as a result of the interruption. A waiver 23 of the requirements of this subsection may be granted by the 24 Commission in instances in which the utility can show that 25 the power interruption or interruptions were a result of any 26 one or more of the following causes: 27 (1) Unpreventable damage due to catastrophic 28 weather events or conditions. 29 (2) Customer tampering. 30 (3) Unpreventable damage due to civil or 31 international unrest or animals. -2- LRB9002509JSmg 1 (4) Damage to utility equipment by a party other 2 than the utility, its employees, agents, or contractors. 3 Loss of revenue and expenses incurred in complying with 4 this subsection may not be recovered from ratepayers. 5 (b) In the event of a power surge or other fluctuation 6 in voltage more than 5% above the standard voltage level for 7 secondary distribution systems (600 volts or less) lasting 10 8 milliseconds or more, the utility shall pay to affected 9 customers the replacement value of all goods damaged as a 10 result of the power fluctuation unless the utility can show 11 that the power fluctuation was due to one or more of the 12 following causes: 13 (1) Unpreventable damage due to catastrophic 14 weather events or conditions. 15 (2) Customer tampering. 16 (3) Unpreventable damage due to civil or 17 international unrest or animals. 18 (4) Damage to utility equipment by a party other 19 than the utility, its employees, agents, or contractors. 20 Loss of revenue and expenses incurred in complying with 21 this subsection may not be recovered from ratepayers. 22 (c) Whenever a utility must perform planned or routine 23 maintenance or repairs on its equipment that will result in 24 transmission of power at less than 50% of the standard 25 voltage, loss of power, or power fluctuation (as defined in 26 subsection (b)), the utility shall make reasonable efforts to 27 notify potentially affected customers no less than 24 hours 28 in advance of performance of the repairs or maintenance. 29 (d) The provisions of this Section shall not in any way 30 diminish or replace other civil or administrative remedies 31 available to a customer or a class of customers. 32 (e) An electric public utility shall maintain service 33 records detailing information on each instance of 34 transmission of power at less than 50% of the standard -3- LRB9002509JSmg 1 voltage, loss of power, or power fluctuation (as defined in 2 subsection (b)), that affects 10 or more customers. The 3 service record shall include, for each occurrence, all of the 4 following information: 5 (1) The date. 6 (2) The time of occurrence. 7 (3) The duration of the incident. 8 (4) The number of customers affected. 9 (5) A description of the cause. 10 (6) The geographic area affected. 11 (7) The specific equipment involved in the 12 fluctuation or interruption. 13 (8) A description of measures taken to restore 14 service. 15 (9) A description of measures taken to remedy the 16 cause of the power interruption or fluctuation. 17 (10) A description of measures taken to prevent 18 future occurrence. 19 (11) The amount of remuneration, if any, paid to 20 affected customers. 21 (12) A statement of whether the fixed charge was 22 waived for affected customers. 23 A copy of the records containing this information shall 24 be available for public inspection at the utility's offices, 25 and copies of the records may be obtained upon payment of a 26 fee not exceeding the reasonable cost of reproduction. 27 A copy of each record shall be filed with the Commission 28 and shall be available for public inspection. A copy of the 29 records may be obtained from the Commission upon payment of a 30 fee not exceeding the reasonable cost of reproduction. 31 (f) All public utilities shall make available for public 32 inspection records detailing all capital improvement, repair, 33 and replacement plans and budgets for each year since 1980, 34 as well as annual reports of work completed on capital -4- LRB9002509JSmg 1 improvement, repair, and replacement for each year since 2 1980. If planned work has been deferred, an explanation of 3 the deferral shall accompany the report. A copy of the 4 records shall be filed with the Commission and shall be 5 available for public inspection. Copies of the records may be 6 obtained from the public utility or the Commission upon 7 payment of a fee not exceeding the reasonable cost of 8 reproduction.
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