SB2485 Engrossed LRB096 14944 MJR 29837 b

1     AN ACT concerning utilities.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Public Utilities Act is amended by changing
5 Sections 8-406, 8-509, and 8-510 and by adding Section 8-406.1
6 as follows:
7     (220 ILCS 5/8-406)  (from Ch. 111 2/3, par. 8-406)
8     Sec. 8-406. Certificate of public convenience and
9 necessity.
10     (a) No public utility not owning any city or village
11 franchise nor engaged in performing any public service or in
12 furnishing any product or commodity within this State as of
13 July 1, 1921 and not possessing a certificate of public
14 convenience and necessity from the Illinois Commerce
15 Commission, the State Public Utilities Commission or the Public
16 Utilities Commission, at the time this amendatory Act of 1985
17 goes into effect, shall transact any business in this State
18 until it shall have obtained a certificate from the Commission
19 that public convenience and necessity require the transaction
20 of such business.
21     (b) No public utility shall begin the construction of any
22 new plant, equipment, property or facility which is not in
23 substitution of any existing plant, equipment, property or



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1 facility or any extension or alteration thereof or in addition
2 thereto, unless and until it shall have obtained from the
3 Commission a certificate that public convenience and necessity
4 require such construction. Whenever after a hearing the
5 Commission determines that any new construction or the
6 transaction of any business by a public utility will promote
7 the public convenience and is necessary thereto, it shall have
8 the power to issue certificates of public convenience and
9 necessity. The Commission shall determine that proposed
10 construction will promote the public convenience and necessity
11 only if the utility demonstrates: (1) that the proposed
12 construction is necessary to provide adequate, reliable, and
13 efficient service to its customers and is the least-cost means
14 of satisfying the service needs of its customers or that the
15 proposed construction will promote the development of an
16 effectively competitive electricity market that operates
17 efficiently, is equitable to all customers, and is the least
18 cost means of satisfying those objectives; (2) that the utility
19 is capable of efficiently managing and supervising the
20 construction process and has taken sufficient action to ensure
21 adequate and efficient construction and supervision thereof;
22 and (3) that the utility is capable of financing the proposed
23 construction without significant adverse financial
24 consequences for the utility or its customers.
25     (c) After the effective date of this amendatory Act of
26 1987, no construction shall commence on any new nuclear power



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1 plant to be located within this State, and no certificate of
2 public convenience and necessity or other authorization shall
3 be issued therefor by the Commission, until the Director of the
4 Illinois Environmental Protection Agency finds that the United
5 States Government, through its authorized agency, has
6 identified and approved a demonstrable technology or means for
7 the disposal of high level nuclear waste, or until such
8 construction has been specifically approved by a statute
9 enacted by the General Assembly.
10     As used in this Section, "high level nuclear waste" means
11 those aqueous wastes resulting from the operation of the first
12 cycle of the solvent extraction system or equivalent and the
13 concentrated wastes of the subsequent extraction cycles or
14 equivalent in a facility for reprocessing irradiated reactor
15 fuel and shall include spent fuel assemblies prior to fuel
16 reprocessing.
17     (d) In making its determination, the Commission shall
18 attach primary weight to the cost or cost savings to the
19 customers of the utility. The Commission may consider any or
20 all factors which will or may affect such cost or cost savings,
21 including the public utility's engineering judgment regarding
22 the materials used for construction.
23     (e) The Commission may issue a temporary certificate which
24 shall remain in force not to exceed one year in cases of
25 emergency, to assure maintenance of adequate service or to
26 serve particular customers, without notice or hearing, pending



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1 the determination of an application for a certificate, and may
2 by regulation exempt from the requirements of this Section
3 temporary acts or operations for which the issuance of a
4 certificate will not be required in the public interest.
5     A public utility shall not be required to obtain but may
6 apply for and obtain a certificate of public convenience and
7 necessity pursuant to this Section with respect to any matter
8 as to which it has received the authorization or order of the
9 Commission under the Electric Supplier Act, and any such
10 authorization or order granted a public utility by the
11 Commission under that Act shall as between public utilities be
12 deemed to be, and shall have except as provided in that Act the
13 same force and effect as, a certificate of public convenience
14 and necessity issued pursuant to this Section.
15     No electric cooperative shall be made or shall become a
16 party to or shall be entitled to be heard or to otherwise
17 appear or participate in any proceeding initiated under this
18 Section for authorization of power plant construction and as to
19 matters as to which a remedy is available under The Electric
20 Supplier Act.
21     (f) Such certificates may be altered or modified by the
22 Commission, upon its own motion or upon application by the
23 person or corporation affected. Unless exercised within a
24 period of 2 years from the grant thereof authority conferred by
25 a certificate of convenience and necessity issued by the
26 Commission shall be null and void.



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1     No certificate of public convenience and necessity shall be
2 construed as granting a monopoly or an exclusive privilege,
3 immunity or franchise.
4     (g) A public utility that undertakes any of the actions
5 described in items (1) through (3) of this subsection (g) or
6 that has obtained approval pursuant to Section 8-406.1 of this
7 Act shall not be required to comply with the requirements of
8 this Section to the extent such requirements otherwise would
9 apply. For purposes of this Section and Section 8-406.1 of this
10 Act, "high voltage electric service line" means an electric
11 line having a design voltage of 100,000 or more. For purposes
12 of this subsection (g), a public utility may do any of the
13 following:
14         (1) replace or upgrade any existing high voltage
15     electric service line and related facilities,
16     notwithstanding its length;
17         (2) relocate any existing high voltage electric
18     service line and related facilities, notwithstanding its
19     length, to accommodate construction or expansion of a
20     roadway or other transportation infrastructure; or
21         (3) construct a high voltage electric service line and
22     related facilities that is constructed solely to serve a
23     single customer's premises or to provide a generator
24     interconnection to the public utility's transmission
25     system and that will pass under or over the premises owned
26     by the customer or generator to be served or under or over



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1     premises for which the customer or generator has secured
2     the necessary right-of-way.
3 (Source: P.A. 95-700, eff. 11-9-07.)
4     (220 ILCS 5/8-406.1 new)
5     Sec. 8-406.1. Certificate of public convenience and
6 necessity; expedited procedure.
7     (a) A public utility may apply for a certificate of public
8 convenience and necessity pursuant to this Section for the
9 construction of any new high voltage electric service line and
10 related facilities (Project). To facilitate the expedited
11 review process of an application filed pursuant to this
12 Section, an application shall include all of the following:
13         (1) Information in support of the application that
14     shall include the following:
15             (A) A detailed description of the Project,
16         including location maps and plot plans to scale showing
17         all major components.
18             (B) The following engineering data:
19                 (i) a detailed Project description including:
20                     (I) name and destination of the Project;
21                     (II) design voltage rating (kV);
22                     (III) operating voltage rating (kV); and
23                     (IV) normal peak operating current rating;
24                 (ii) a conductor, structures, and substations
25             description including:



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1                     (I) conductor size and type;
2                     (II) type of structures;
3                     (III) height of typical structures;
4                     (IV) an explanation why these structures
5                 were selected;
6                     (V) dimensional drawings of the typical
7                 structures to be used in the Project; and
8                     (VI) a list of the names of all new (and
9                 existing if applicable) substations or
10                 switching stations that will be associated
11                 with the proposed new high voltage electric
12                 service line;
13                 (iii) the location of the site and
14             right-of-way including:
15                     (I) miles of right-of-way;
16                     (II) miles of circuit;
17                     (III) width of the right-of-way; and
18                     (IV) a brief description of the area
19                 traversed by the proposed high voltage
20                 electric service line, including a description
21                 of the general land uses in the area and the
22                 type of terrain crossed by the proposed line;
23                 (iv) assumptions, bases, formulae, and methods
24             used in the development and preparation of the
25             diagrams and accompanying data, and a technical
26             description providing the following information:



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1                     (I) number of circuits, with
2                 identification as to whether the circuit is
3                 overhead or underground;
4                     (II) the operating voltage and frequency;
5                 and
6                     (III) conductor size and type and number
7                 of conductors per phase;
8                 (v) if the proposed interconnection is an
9             overhead line, the following additional
10             information also must be provided:
11                     (I) the wind and ice loading design
12                 parameters;
13                     (II) a full description and drawing of a
14                 typical supporting structure, including
15                 strength specifications;
16                     (III) structure spacing with typical
17                 ruling and maximum spans;
18                     (IV) conductor (phase) spacing; and
19                     (V) the designed line-to-ground and
20                 conductor-side clearances;
21                 (vi) if an underground or underwater
22             interconnection is proposed, the following
23             additional information also must be provided:
24                     (I) burial depth;
25                     (II) type of cable and a description of any
26                 required supporting equipment, such as



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1                 insulation medium pressurizing or forced
2                 cooling;
3                     (III) cathodic protection scheme; and
4                     (IV) type of dielectric fluid and
5                 safeguards used to limit potential spills in
6                 waterways;
7                 (vii) technical diagrams that provide
8             clarification of any item under this item (1)
9             should be included; and
10                 (viii) applicant shall provide and identify a
11             primary right-of-way and one or more alternate
12             rights-of-way for the Project as part of the
13             filing. To the extent applicable, for each
14             right-of-way, applicant shall provide the
15             information described in this subsection (a). Upon
16             a showing of good cause in its filing, an applicant
17             may be excused from providing and identifying
18             alternate rights-of-way.
19         (2) An application fee of $100,000, which shall be paid
20     into the Public Utility Fund at the time the Chief Clerk of
21     the Commission deems it complete and accepts the filing.
22         (3) Information showing that the utility has held a
23     minimum of 3 pre-filing public meetings to receive public
24     comment concerning the Project in each county where the
25     Project is to be located, no earlier than 6 months prior to
26     the filing of the application. Notice of the public meeting



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1     shall be published in a newspaper of general circulation
2     within the affected county once a week for 3 consecutive
3     weeks, beginning no earlier than one month prior to the
4     first public meeting. If the Project traverses 2 contiguous
5     counties and where in one county the transmission line
6     mileage and number of landowners over whose property the
7     proposed route traverses is 1/5 or less of the transmission
8     line mileage and number of such landowners of the other
9     county, then the utility may combine the 3 pre-filing
10     meetings in the county with the greater transmission line
11     mileage and affected landowners. All other requirements
12     regarding pre-filing meetings shall apply in both
13     counties. Notice of the public meeting, including a
14     description of the Project, must be provided in writing to
15     the clerk of each county where the Project is to be
16     located. A representative of the Commission shall be
17     invited to each pre-filing public meeting.
18     (b) At the first status hearing the administrative law
19 judge shall set a schedule for discovery that shall take into
20 consideration the expedited nature of the proceeding.
21     (c) Nothing in this Section prohibits a utility from
22 requesting, or the Commission from approving, protection of
23 confidential or proprietary information under applicable law.
24 The public utility may seek confidential protection of any of
25 the information provided pursuant to this Section, subject to
26 Commission approval.



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1     (d) The public utility shall publish notice of its
2 application in the official State newspaper within 10 days
3 following the date of the application's filing.
4     (e) The public utility shall establish a dedicated website
5 for the Project 3 weeks prior to the first public meeting and
6 maintain the website until construction of the Project is
7 complete. The website address shall be included in all public
8 notices.
9     (f) The Commission shall, after notice and hearing, grant a
10 certificate of public convenience and necessity filed in
11 accordance with the requirements of this Section if, based upon
12 the application filed with the Commission and the evidentiary
13 record, it finds the Project will promote the public
14 convenience and necessity and that all of the following
15 criteria are satisfied:
16         (1) That the Project is necessary to provide adequate,
17     reliable, and efficient service to the public utility's
18     customers and is the least-cost means of satisfying the
19     service needs of the public utility's customers or that the
20     Project will promote the development of an effectively
21     competitive electricity market that operates efficiently,
22     is equitable to all customers, and is the least-cost means
23     of satisfying those objectives.
24         (2) That the public utility is capable of efficiently
25     managing and supervising the construction process and has
26     taken sufficient action to ensure adequate and efficient



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1     construction and supervision of the construction.
2         (3) That the public utility is capable of financing the
3     proposed construction without significant adverse
4     financial consequences for the utility or its customers.
5     (g) The Commission shall issue its decision with findings
6 of fact and conclusions of law granting or denying the
7 application no later than 150 days after the application is
8 filed. The Commission may extend the 150-day deadline upon
9 notice by an additional 75 days if, on or before the 30th day
10 after the filing of the application, the Commission finds that
11 good cause exists to extend the 150-day period.
12     (h) In the event the Commission grants a public utility's
13 application for a certificate pursuant to this Section, the
14 public utility shall pay a one-time construction fee to each
15 county in which the Project is constructed within 30 days after
16 the completion of construction. The construction fee shall be
17 $20,000 per mile of high voltage electric service line
18 constructed in that county, or a proportionate fraction of that
19 fee. The fee shall be in lieu of any permitting fees that
20 otherwise would be imposed by a county. Counties receiving a
21 payment under this subsection (h) may distribute all or
22 portions of the fee to local taxing districts in that county.
23     (i) Notwithstanding any other provisions of this Act, a
24 decision granting a certificate under this Section shall
25 include an order pursuant to Section 8-503 of this Act
26 authorizing or directing the construction of the high voltage



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1 electric service line and related facilities as approved by the
2 Commission, in the manner and within the time specified in said
3 order.
4     (220 ILCS 5/8-509)  (from Ch. 111 2/3, par. 8-509)
5     Sec. 8-509. When necessary for the construction of any
6 alterations, additions, extensions or improvements ordered or
7 authorized under Section 8-406.1, 8-503, or 12-218 of this Act,
8 any public utility may enter upon, take or damage private
9 property in the manner provided for by the law of eminent
10 domain. If a public utility seeks relief under this Section in
11 the same proceeding in which it seeks a certificate of public
12 convenience and necessity under Section 8-406.1 of this Act,
13 the Commission shall enter its order under this Section either
14 as part of the Section 8-406.1 order or at the same time it
15 enters the Section 8-406.1 order. If a public utility seeks
16 relief under this Section after the Commission enters its order
17 in the Section 8-406.1 proceeding, the Commission shall issue
18 its order under this Section within 45 days after the utility
19 files its petition under this Section.
20     This Section applies to the exercise of eminent domain
21 powers by telephone companies or telecommunications carriers
22 only when the facilities to be constructed are intended to be
23 used in whole or in part for providing one or more intrastate
24 telecommunications services classified as "noncompetitive"
25 under Section 13-502 in a tariff filed by the condemnor. The



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1 exercise of eminent domain powers by telephone companies or
2 telecommunications carriers in all other cases shall be
3 governed solely by "An Act relating to the powers, duties and
4 property of telephone companies", approved May 16, 1903, as now
5 or hereafter amended.
6 (Source: P.A. 86-221.)
7     (220 ILCS 5/8-510)  (from Ch. 111 2/3, par. 8-510)
8     Sec. 8-510. Land surveys and land use studies. For the
9 purpose of making land surveys and land use studies, any public
10 utility that has been granted a certificate of public
11 convenience and necessity by, or received an order under
12 Section 8-503 or 8-406.1 of this Act from, the Commission may,
13 30 days after providing written notice to the owner thereof by
14 registered mail, enter upon the property of any owner who has
15 refused permission for entrance upon that property, but subject
16 to responsibility for all damages which may be inflicted
17 thereby.
18 (Source: P.A. 90-561, eff. 12-16-97.)
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.