97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5854

 

Introduced 2/16/2012, by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/8-406  from Ch. 111 2/3, par. 8-406

    Amends the Public Utilities Act. Provides that no construction shall commence on any new commercial scale nuclear power plants (rather than new nuclear power plants) that are to be located in the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Commission unless the Director of the Illinois Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Illinois Commerce Commission may issue a certificate of public convenience and necessity and provide any other authorizations necessary to allow operating nuclear power plants to install pilot-scale projects and technologies. Effective immediately.


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A BILL FOR

 

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

 

 

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1thereto, unless and until it shall have obtained from the
2Commission a certificate that public convenience and necessity
3require such construction. Whenever after a hearing the
4Commission determines that any new construction or the
5transaction of any business by a public utility will promote
6the public convenience and is necessary thereto, it shall have
7the power to issue certificates of public convenience and
8necessity. The Commission shall determine that proposed
9construction will promote the public convenience and necessity
10only if the utility demonstrates: (1) that the proposed
11construction is necessary to provide adequate, reliable, and
12efficient service to its customers and is the least-cost means
13of satisfying the service needs of its customers or that the
14proposed construction will promote the development of an
15effectively competitive electricity market that operates
16efficiently, is equitable to all customers, and is the least
17cost means of satisfying those objectives; (2) that the utility
18is capable of efficiently managing and supervising the
19construction process and has taken sufficient action to ensure
20adequate and efficient construction and supervision thereof;
21and (3) that the utility is capable of financing the proposed
22construction without significant adverse financial
23consequences for the utility or its customers.
24    (c) No After the effective date of this amendatory Act of
251987, no construction shall commence on any new commercial
26scale nuclear power plant to be located within this State, and

 

 

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1no certificate of public convenience and necessity or other
2authorization shall be issued therefor by the Commission, until
3the Director of the Illinois Environmental Protection Agency
4finds that the United States Government, through its authorized
5agency, has identified and approved a demonstrable technology
6or means for the disposal of high level nuclear waste, or until
7such construction has been specifically approved by a statute
8enacted by the General Assembly.
9    The Commission may issue a certificate of public
10convenience and necessity and provide any other authorizations
11necessary to allow operating nuclear power plants to install
12pilot-scale projects and technologies.
13    As used in this Section, "high level nuclear waste" means
14those aqueous wastes resulting from the operation of the first
15cycle of the solvent extraction system or equivalent and the
16concentrated wastes of the subsequent extraction cycles or
17equivalent in a facility for reprocessing irradiated reactor
18fuel and shall include spent fuel assemblies prior to fuel
19reprocessing.
20    (d) In making its determination, the Commission shall
21attach primary weight to the cost or cost savings to the
22customers of the utility. The Commission may consider any or
23all factors which will or may affect such cost or cost savings,
24including the public utility's engineering judgment regarding
25the materials used for construction.
26    (e) The Commission may issue a temporary certificate which

 

 

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1shall remain in force not to exceed one year in cases of
2emergency, to assure maintenance of adequate service or to
3serve particular customers, without notice or hearing, pending
4the determination of an application for a certificate, and may
5by regulation exempt from the requirements of this Section
6temporary acts or operations for which the issuance of a
7certificate will not be required in the public interest.
8    A public utility shall not be required to obtain but may
9apply for and obtain a certificate of public convenience and
10necessity pursuant to this Section with respect to any matter
11as to which it has received the authorization or order of the
12Commission under the Electric Supplier Act, and any such
13authorization or order granted a public utility by the
14Commission under that Act shall as between public utilities be
15deemed to be, and shall have except as provided in that Act the
16same force and effect as, a certificate of public convenience
17and necessity issued pursuant to this Section.
18    No electric cooperative shall be made or shall become a
19party to or shall be entitled to be heard or to otherwise
20appear or participate in any proceeding initiated under this
21Section for authorization of power plant construction and as to
22matters as to which a remedy is available under The Electric
23Supplier Act.
24    (f) Such certificates may be altered or modified by the
25Commission, upon its own motion or upon application by the
26person or corporation affected. Unless exercised within a

 

 

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

 

 

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1    interconnection to the public utility's transmission
2    system and that will pass under or over the premises owned
3    by the customer or generator to be served or under or over
4    premises for which the customer or generator has secured
5    the necessary right of way.
6(Source: P.A. 95-700, eff. 11-9-07; 96-1348, eff. 7-28-10.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.