(220 ILCS 31/1-5) (This Section may contain text from a Public Act with a delayed effective date)
Sec. 1-5. Legislative findings and objectives. The General Assembly finds: (1) Municipal and cooperative electric utilities |
| provide electricity to more than 1,000,000 State residents.
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(2) Municipal utilities are public bodies governed
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| and managed by elected public officials or their appointees. Electric cooperatives are not-for-profit, member-owned entities governed and managed by elected boards of directors chosen by their member consumers. Due to their governance structures, municipal and cooperative electric utilities are exempt from certain regulatory requirements under State and federal law.
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(3) Because democratic elections by member-ratepayers
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| or customers are the ultimate guarantor of the integrity and cost-effectiveness of these utilities' operations, access to information and decision-making is crucial to ensuring management of these utilities is prudent and responsive.
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(4) While not always applicable to municipal and
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| electric cooperatives, integrated resource planning processes have been used in other states to attempt to avoid capacity shortfalls, minimize ratepayer costs, and increase public participation in and knowledge of electric generation portfolio choices.
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(5) It is in the long-term best interests of State
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| electricity customers and member-ratepayers that electricity is provided by a diverse portfolio of generation resources that may include generation ownership, power supply contracts, storage resources, and demand-side programs that minimizes costs and strives to ensure reliable service to customers while considering environmental impacts and that long-term utility planning can help facilitate the achievement of reasonable and stable rates, reliability, and State and federal environmental law through such portfolios.
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(6) Municipal and electric cooperatives utilities
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| should perform a comprehensive analysis of their existing portfolio and identify opportunities to minimize member-ratepayer and customer costs while maintaining reliability and meeting State and federal environmental law.
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(7) To ensure utilities minimize ratepayer costs
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| while maintaining reliability and meeting State and federal environmental law, and to increase transparency and democratic participation, it is important that municipal and cooperative electric utilities participate in an integrated resource planning process with meaningful and appropriate participation and engagement.
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(Source: P.A. 104-458, eff. 6-1-26.)
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(220 ILCS 31/1-15) (This Section may contain text from a Public Act with a delayed effective date)
Sec. 1-15. Purpose and contents of integrated resource plan. (a) Beginning on or before January 1, 2027, and every 5 years thereafter on or before January 1, all generation and transmission electric cooperatives with members in this State, all municipal power agencies, and all municipalities and distribution electric cooperatives that provide electricity for service to more than 7,000 retail electric customer meters shall initiate an integrated resource planning process to prepare and issue a preliminary integrated resource plan to be posted on its website by January 1 of the following year. Municipalities and electric cooperatives that are members of, and have a full requirements contract with, a municipal power agency or generation and transmission electric cooperative may adopt the integrated resource plan of such other utility. In the alternative, a municipality or electric cooperative that is a member of, and has other than a full requirements contract with, a municipal power agency or generation and transmission electric cooperative may include the resources or resource planning of the municipal power agency or generation and transmission electric cooperative in its integrated resource plan, and the municipal power agency or generation and transmission electric cooperative may adopt such municipality's or electric cooperative's integrated resource plan. An integrated resource plan completed by a utility on or after January 1, 2024 shall satisfy the first integrated resource plan requirement if it meets the criteria set forth in subsections (b) through (d). (b) The purposes of the integrated resource plan are to consider and evaluate the utility's current portfolio, including electrical generation, power supply contracts, storage, and demand-side programs; to forecast future load changes; to facilitate prudent planning with respect to reliability, resources, energy and capacity procurements, power supply contract expiration, and timing of generation retirement; to determine what resource portfolio will maintain reliability consistent with RTO obligations; to minimize cost and meet State and federal environmental law; and to articulate steps the utility will take to minimize customer costs and consider environmental impacts through changes to its current generation portfolio through construction, procurement, retirement, demand-side programs, or other applicable technology or processes. (c) As part of the integrated resource plan development process, a utility shall consider all resources reasonably available or reasonably likely to be available during the relevant time period to satisfy the demand for electricity services for a planning period of at least 5 years, taking into account both supply-side and demand-side electric power resources and cost and benefits projections for at least the next 20 years. (d) A utility may include the results of an all-source request for proposals for generation resources and capacity contracts for delivery beginning within the next 5 years in its integrated resource plan. If the utility chooses not to include such results, the utility must provide notice to the utility's ratepayers upon issuance of the integrated resource plan that states why the utility has chosen not to include the results. A utility also shall include the following, at a minimum, in its integrated resource plan: (1) A list of all electricity generation facilities |
| owned by the utility, in whole or in part. For each such facility, the integrated resource plan shall report:
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(A) general location;
(B) ownership information, if ownership is shared
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(C) type of fuel;
(D) the date of commercial operation;
(E) expected useful life;
(F) expected retirement date for any resource
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| expected to retire within the next 8 years, and an explanation of the reason for the retirement;
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(G) nameplate, maximum output, and accredited
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(H) total MWh generated at the facility during
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| the previous calendar year;
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(I) the date on which the facility is anticipated
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| to be fully depreciated; and
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(J) any known and measurable compliance
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| obligations, or compliance obligations reasonably expected to apply within the next 8 years, and an estimate of reasonably anticipated expenditures intended to meet those obligations.
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(2) A list of all power purchase agreements to which
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| the utility is a party, whether as purchaser or seller, including the following, if specified: the counterparty, general location and type of generation resource providing power per the agreement, date on which the agreement was entered into, duration of the agreement, and the energy and capacity terms of the agreement.
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(3) A list of any sale transactions of any capacity
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(4) A list of any demand-side programs and known
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(5) A narrative description of all existing
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| transmission facilities owned by the utility, in whole or in part, that identifies anticipated transmission constraints or critical contingencies, and identification of the regional transmission organization, if any, that exercises operational control over the transmission facility.
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(6) A description of all transmission investment
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| costs, disaggregated by expenditure, related to interconnection costs and other transmission system upgrades associated with a new generating resource or increased injection rights from an existing generating resource costing greater than $1,000,000 over the term of the agreement.
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(7) A copy of the most recent FERC Form 1 filed by
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| the utility. If no such FERC Form 1 has been filed, the utility shall provide Form EIA 860, Form EIA 861, Form EIA 412, or information applicable to the utility included in the sections of FERC Form 1 or Form EIA 412 relating to electric operating revenues, sales for resale, electric operating and maintenance expenses, purchased power, common utility plant and expenses, and electric energy accounts for the prior calendar year. The utility shall not be required to disclose any information required to be protected from disclosure by the regional transmission organizations.
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(8) A range of load forecasts for the 5-year planning
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| period that incorporate varying assumptions regarding electrification, economic growth, new regulation, and major new customers, sufficient for capacity planning for the utility. Such forecasts shall include:
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(A) all relevant underlying assumptions;
(B) (i) historical analysis of hourly loads
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| consistent with NERC and regional transmission organization reporting requirements; (ii) known or projected changes to future loads; and (iii) growth forecasts and trends by customer class or load type;
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(C) analysis of the annual capacity and energy
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| impact of any demand-side programs, and energy efficiency programs both current and projected;
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(D) any reserve margin or other obligations
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| placed on the utility by regional transmission organizations or other entity responsible for reliability standards under State or federal law; and
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(E) a comparison of past load forecasts and
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| actual realized load and a brief narrative description of any unforeseen events to which any discrepancy may be attributed.
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(9) A 5-year action plan for meeting the forecasted
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| load that reasonably minimizes customer cost taking into account load, fuel price, and regulatory uncertainty, that ensures reliability consistent with RTO obligations, and meets State and federal environmental law. As part of the action plan, the utility shall:
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(A) Identify any generation or storage resources
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| reasonably anticipated to be removed from service in the 5 years following the date on which the integrated resource plan is due to be completed.
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(B) Determine whether given forecasted load
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| growth or unit retirements, or both, the utility will need to procure additional accredited capacity and energy, and provide a quantitative estimate of any such gap between forecasted load and supply-side resources.
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(C) Provide a narrative description of the
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| utility's process for evaluating possible resources to secure additional needed capacity and energy.
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(D) Provide a narrative description of the
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| utility's processes for assessing the economic value of existing generation; and consistent with these processes, explain whether any currently operating units could be replaced by other resources at lower cost to ratepayers while maintaining reliability.
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(E) Identify a preferred portfolio of generation
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| resources, which may include storage, and demand-side programs that, in the utility's judgment, meets its forecasted load and complies with State and federal environmental law, while minimizing ratepayer cost to the extent reasonably achievable in the planning period covered by the action plan. The portfolio shall incorporate any accredited capacity or other reliability requirements of any regional transmission organization of which the utility is a member.
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(F) Describe any anticipated capital expenditures
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| by the utility in excess of $1,000,000 at existing generation facilities and the reason for such expenditures.
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(10) A description of all models and methodologies
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| used in performing the integrated resource planning process. The utility shall provide, to any member of a joint action agency or member of a generation and transmission electric cooperative, reasonable access to computer models used in the analysis that are not proprietary to the owner of the model, such as software that cannot be used without a licensing agreement, or otherwise subject to confidentiality by the modeler.
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(e) As part of the initial integrated resource plan, the utility shall identify all programs, grants, loans, or tax benefits for which the utility has applied for or plans to apply for pursuant to the federal Inflation Reduction Act of 2022 and shall state whether the utility has applied for or otherwise used the program, grant, loan, or tax benefit.
(f) Each utility shall consider and include, as part of its integrated resource plan, technically feasible least-cost portfolio scenarios, consistent with RTO reliability obligations, for constructing or procuring renewable energy resources to meet 40% of its energy needs by 2030, meeting the emissions reductions requirements under Public Act 102-662, and supplying 100% of its total projected load through carbon-free resources in combination with storage resources and demand-side programs by 2045.
(Source: P.A. 104-458, eff. 6-1-26.)
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(220 ILCS 31/1-25) (This Section may contain text from a Public Act with a delayed effective date)
Sec. 1-25. Procedures for preliminary and final integrated resource plans for municipal power agencies and municipalities. (a) Each municipal power agency or municipality shall issue its preliminary integrated resource plan, as set forth in this Act, and post it publicly to the website maintained by the municipal power agency or municipality by January 1, 12 months following the date of the calendar year for which the planning is required to begin. Any municipality planning to adopt a municipal power agency's final integrated resource plan shall post the preliminary integrated resource plan publicly to its website or a link to it on the municipality's website. (b) The municipal power agency or municipality shall facilitate public comment on the preliminary integrated resource plan, as follows: (1) upon issuance of the preliminary integrated |
| resource plan, the municipal power agency or municipality and any municipality planning to adopt a municipal power agency's final integrated resource plan shall post the preliminary integrated resource plan or a link to it publicly on its website. The plan shall remain publicly accessible for at least 60 days;
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(2) the municipal power agency or municipality shall
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| hold one or more public meetings, in person with remote access, where it shall make a representative available to address questions about the preliminary integrated resource plan. The meetings shall be held no sooner than 15 days, and no later than 45 days, after the preliminary integrated resource plan is made available to the public;
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(3) the municipal power agency or municipality shall
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| accept public comments on the preliminary integrated resource plan for 30 days following its public posting via website, email, or mail. The municipal power agency or municipality may extend this public comment period by an additional 30 days upon request by ratepayers of the municipal power agency or municipality or any entity that plans to adopt the municipal power agency's or municipality's final integrated resource plan; and
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(4) The municipal power agency or municipality shall
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| review public comments and provide responses that reasonably address all relevant issues or questions raised by such comments. The municipal power agency or municipality may modify its preliminary integrated resource plan in response to these comments. The municipal power agency or municipality shall prepare a document with responses to public comments and submit this response document to the Agency no later than 90 days after the close of the comment period. This response document shall be posted publicly on the municipality's or municipal power agency's websites, as relevant, and on the website of the Illinois Power Agency's website along with the preliminary integrated resource plan, as submitted, and any revisions made by the municipal power agency or municipality in response to public comments.
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(c) The Illinois Power Agency shall maintain public access to all integrated resource plans submitted pursuant to this Act, accessible through the Illinois Power Agency's website, for no less than 10 years following each integrated resource plan's initial submission.
(Source: P.A. 104-458, eff. 6-1-26.)
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(220 ILCS 31/1-30) (This Section may contain text from a Public Act with a delayed effective date)
Sec. 1-30. IRP prequalified consulting firm list. (a) The Illinois Power Agency shall maintain a list of qualified consulting firms for the purpose of developing integrated resource plans on behalf of the utility. In order to prequalify a consulting firm must have: (1) direct previous experience preparing integrated |
| resource plans for utilities; assembling power supply plans or portfolios for utilities;
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(2) one or more employees with an advanced degree in
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| economics, mathematics, engineering, risk management, or a related area of study;
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(3) 10 years of experience in the electricity sector;
(4) expertise in wholesale electricity market rules,
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| market planning, market development, and market modeling. This includes, but is not limited to, expertise in current and ongoing FERC Order implementation into RTO markets, RTO governing documents, including, but not limited to, transmission planning processes, and resource planning;
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(5) expertise in wholesale electricity market rules,
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| including those established by the federal Energy Regulatory Commission and regional transmission organizations; and
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(6) adequate resources to perform and fulfill the
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| required functions and responsibilities.
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(b) No later than January 1, 2026 or the effective date of this Act, whichever is later, the Illinois Power Agency shall issue a Request for Information seeking responses from consulting firms. Responses will be due within 45 days of that issuance. The Agency will review responses and within 45 days produce a list of prequalified consulting firms that the Agency determines meet all of the prequalification requirements contained in subsection (a) of this Section. A firm determined not to meet the requirements may request to submit additional information to the Agency for reconsideration. If the Agency subsequently determines a firm meets the requirements, the Agency shall add the firm to the list.
The list will be updated as additional consulting firms request to be added to the list and the Agency determines they meet the requirements contained in subsection (a) of this Section 1-30. The Agency shall not arbitrarily or capriciously deny inclusion to any qualified vendor that satisfies the minimum qualifications set forth in this Section 1-30.
(c) The Illinois Power Agency shall publish the list of prequalified consulting firms on its website. Upon request, the Agency shall also provide each prequalified consulting firm's response to the Request for Information to the affected utility.
(d) A utility required to submit an integrated resource plan may select a consulting firm on the Agency's list of prequalified consulting firms to develop the integrated resource plan and support stakeholder processes.
(e) The utility may apply for funding to offset its costs for its integrated resource plan through the Small Utility Clean Energy Planning Grant Program offered through the Illinois Finance Authority in its role as Climate Bank for the State of Illinois, subject to funding availability or subject to appropriation, and in accordance with program requirements and limitations.
(Source: P.A. 104-458, eff. 6-1-26.)
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