Sen. John J. Cullerton

Filed: 3/12/2013

 

 


 

 


 
09800SB0009sam002LRB098 04269 CEL 42285 a

1
AMENDMENT TO SENATE BILL 9

2    AMENDMENT NO. ______. Amend Senate Bill 9, AS AMENDED, with
3reference to page and line numbers of Senate Amendment No. 1 as
4follows:
 
5on page 48, line 22, by replacing "affect" with "effect"; and
 
6by replacing line 2 on page 49 through line 2 on page 50 with
7the following:
8    "(l) Each participating utility shall be deemed to have
9been in full compliance with all requirements of subsection (b)
10of this Section, subsection (c) of this Section, Section
1116-108.6 of this Act, and all Commission orders entered
12pursuant to Sections 16-108.5 and 16-108.6 of this Act, up to
13and including the effective date of this amendatory Act of the
1498th General Assembly. The Commission shall not undertake any
15investigation of such compliance and no penalty shall be
16assessed or adverse action taken against a participating

 

 

09800SB0009sam002- 2 -LRB098 04269 CEL 42285 a

1utility for noncompliance with Commission orders associated
2with subsection (b) of this Section, subsection (c) of this
3Section, and Section 16-108.6 of this Act prior to such date.
4Each participating utility other than a combination utility
5shall be permitted, without penalty, a period of 12 months
6after such effective date to take actions required to ensure
7its infrastructure investment program is in compliance with
8subsection (b) of this Section and with Section 16-108.6 of
9this Act. Provided further:
10        (1) if this amendatory Act of the 98th General Assembly
11    takes effect on or before June 15, 2013, the following
12    subparagraphs shall apply to a participating utility other
13    than a combination utility:
14            (A) if the Commission has initiated a proceeding
15        pursuant to subsection (e) of Section 16-108.6 of this
16        Act that is pending as of the effective date of this
17        amendatory Act of the 98th General Assembly, then the
18        order entered in such proceeding shall, after notice
19        and hearing, accelerate the commencement of the meter
20        deployment schedule approved in the final Commission
21        order on rehearing entered in Docket No. 12-0298;
22            (B) if the Commission has entered an order pursuant
23        to subsection (e) of Section 16-108.6 of this Act prior
24        to the effective date of this amendatory Act of the
25        98th General Assembly that does not accelerate the
26        commencement of the meter deployment schedule approved

 

 

09800SB0009sam002- 3 -LRB098 04269 CEL 42285 a

1        in the final Commission order on rehearing entered in
2        Docket No. 12-0298, then the utility shall file with
3        the Commission, within 45 days after such effective
4        date, a plan for accelerating the commencement of the
5        utility's meter deployment schedule approved in the
6        final Commission order on rehearing entered in Docket
7        No. 12-0298; the Commission shall reopen the
8        proceeding in which it entered its order pursuant to
9        subsection (e) of Section 16-108.6 of this Act and
10        shall, after notice and hearing, enter an amendatory
11        order that approves or approves as modified such
12        accelerated plan within 90 days after the utility's
13        filing; or
14            (C) if the Commission has not initiated a
15        proceeding pursuant to subsection (e) of Section
16        16-108.6 of this Act prior to the effective date of
17        this amendatory Act of the 98th General Assembly, then
18        the utility shall file with the Commission, within 45
19        days after such effective date, a plan for accelerating
20        the commencement of the utility's meter deployment
21        schedule approved in the final Commission order on
22        rehearing entered in Docket No. 12-0298 and the
23        Commission shall, after notice and hearing, approve or
24        approve as modified such plan within 90 days after the
25        utility's filing;
26        (2) if this amendatory Act of the 98th General Assembly

 

 

09800SB0009sam002- 4 -LRB098 04269 CEL 42285 a

1    takes effect after June 15, 2013, then each participating
2    utility other than a combination utility shall file with
3    the Commission, within 45 days after such effective date, a
4    plan for accelerating the commencement of the utility's
5    meter deployment schedule approved in the final Commission
6    order on rehearing entered in Docket No. 12-0298; the
7    Commission shall reopen the most recent proceeding in which
8    it entered an order pursuant to subsection (e) of Section
9    16-108.6 of this Act and within 90 days after the utility's
10    filing shall, after notice and hearing, enter an amendatory
11    order that approves or approves as modified such
12    accelerated plan, provided that if there was no such prior
13    proceeding the Commission shall open a new proceeding and
14    within 90 days after the utility's filing shall, after
15    notice and hearing, enter an order that approves or
16    approves as modified such accelerated plan.
17    Any schedule for meter deployment approved by the
18Commission pursuant to subparagraphs (1) or (2) of this
19subsection (l) shall take into consideration procurement times
20for meters and other equipment and operational issues. Nothing
21in this amendatory Act of the 98th General Assembly shall
22shorten or extend the end dates for the 5-year or 10-year
23periods set forth in subsection (b) of this Section or Section
2416-108.6 of this Act. Nothing in this subsection is intended to
25address whether a participating utility has, or has not,
26satisfied any or all of the metrics and performance goals

 

 

09800SB0009sam002- 5 -LRB098 04269 CEL 42285 a

1established pursuant to subsection (f) of this Section.".