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90_HB1692 220 ILCS 5/9-201.6 new Amends the Public Utilities Act. Provides that a nuclear reactor closed by governmental regulatory action prior to permanent shutdown, or placed on the Nuclear Regulatory Commission's close watch list or the equivalent, shall not be rate-based during the closure or placement. Provides that State taxpayers shall not be assessed for any portion of the costs associated with the reopening of such a reactor. Provides that if a reactor is closed by government regulatory action or placed on the close watch list or other equivalent list, the Illinois Commerce Commission shall institute a least-cost planning analysis to determine if the amount the utility intends to spend on remediation of the nuclear facility could provide equal or greater amounts of power at less cost if it were spent on least-cost alternatives. LRB9004232LDcw LRB9004232LDcw 1 AN ACT to amend the Public Utilities Act by adding 2 Section 9-201.6. 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 9-201.6 as follows: 7 (220 ILCS 5/9-201.6 new) 8 Sec. 9-201.6. Nuclear reactors closed by governmental 9 regulatory action. 10 (a) Any nuclear reactor in Illinois closed by 11 governmental regulatory action for any reason prior to 12 permanent shutdown, and any reactor placed by governmental 13 regulators on the Nuclear Regulatory Commission's close watch 14 list or any equivalent designation, shall not be rate-based 15 for the duration of that condition of closure or placement, 16 nor shall costs be recovered through other indirect 17 cost-recovery mechanisms, including the fuel adjustment 18 clause. Costs associated with improving conditions at those 19 reactors so that they may re-open or be removed from such 20 lists shall be borne exclusively by the owning utility and 21 its shareholders. 22 (b) At no time shall Illinois ratepayers or taxpayers be 23 assessed for any portion of the costs directly or indirectly 24 associated with the re-opening of those plants or their 25 removal from such regulatory watch lists or the equivalent. 26 (c) Costs for reactor decommissioning may be assessed by 27 utilities and collected from ratepayers. Reactor capacity 28 factor for the 6-month period prior to closure or placement 29 on such regulatory lists shall be used to determine 30 assessment of decommissioning fees for the time the reactors 31 are closed or remain on such regulatory lists. -2- LRB9004232LDcw 1 (d) If a nuclear reactor in Illinois is closed by 2 governmental regulatory action for any reason or placed on 3 the Nuclear Regulatory Commission's close watch list or any 4 equivalent designation by regulators, the Commission shall 5 within 30 days of that designation institute a least-cost 6 planning analysis with full and public cooperation of the 7 utility owning the reactor. The purpose of the analysis 8 shall be to determine if the amount the utility intends to 9 spend on remediation of the nuclear facility could provide 10 equal or greater amounts of power at less cost if it were 11 spent on least-cost alternatives. All filings and 12 proceedings from all parties of such a docket shall be 13 available for public examination.
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