98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3324

 

Introduced , 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 designed to reduce waste and increase safety and having an output not exceeding 160 megawatts. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

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 designed to reduce waste
13and increase safety, provided that the output of these programs
14does not exceed 160 megawatts.
15    As used in this Section, "high level nuclear waste" means
16those aqueous wastes resulting from the operation of the first
17cycle of the solvent extraction system or equivalent and the
18concentrated wastes of the subsequent extraction cycles or
19equivalent in a facility for reprocessing irradiated reactor
20fuel and shall include spent fuel assemblies prior to fuel
21reprocessing.
22    (d) In making its determination, the Commission shall
23attach primary weight to the cost or cost savings to the
24customers of the utility. The Commission may consider any or
25all factors which will or may affect such cost or cost savings,
26including the public utility's engineering judgment regarding

 

 

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

 

 

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

 

 

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