Illinois General Assembly - Full Text of HB0157
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Full Text of HB0157  97th General Assembly



State of Illinois
2011 and 2012


Introduced 1/18/2011, by Rep. JoAnn D. Osmond


220 ILCS 5/8-406  from Ch. 111 2/3, par. 8-406

    Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until 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. Deletes the definition of "high level nuclear waste". Effective immediately.

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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
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) (Blank). After the effective date of this amendatory
25Act of 1987, no construction shall commence on any new nuclear
26power plant to be located within this State, and no certificate



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1of public convenience and necessity or other authorization
2shall be issued therefor by the Commission, until the Director
3of the Illinois Environmental Protection Agency finds that the
4United States Government, through its authorized agency, has
5identified and approved a demonstrable technology or means for
6the disposal of high level nuclear waste, or until such
7construction has been specifically approved by a statute
8enacted by the General Assembly.
9    As used in this Section, "high level nuclear waste" means
10those aqueous wastes resulting from the operation of the first
11cycle of the solvent extraction system or equivalent and the
12concentrated wastes of the subsequent extraction cycles or
13equivalent in a facility for reprocessing irradiated reactor
14fuel and shall include spent fuel assemblies prior to fuel
16    (d) In making its determination, the Commission shall
17attach primary weight to the cost or cost savings to the
18customers of the utility. The Commission may consider any or
19all factors which will or may affect such cost or cost savings,
20including the public utility's engineering judgment regarding
21the materials used for construction.
22    (e) The Commission may issue a temporary certificate which
23shall remain in force not to exceed one year in cases of
24emergency, to assure maintenance of adequate service or to
25serve particular customers, without notice or hearing, pending
26the determination of an application for a certificate, and may



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



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1construed as granting a monopoly or an exclusive privilege,
2immunity or franchise.
3    (g) A public utility that undertakes any of the actions
4described in items (1) through (3) of this subsection (g) or
5that has obtained approval pursuant to Section 8-406.1 of this
6Act shall not be required to comply with the requirements of
7this Section to the extent such requirements otherwise would
8apply. For purposes of this Section and Section 8-406.1 of this
9Act, "high voltage electric service line" means an electric
10line having a design voltage of 100,000 or more. For purposes
11of this subsection (g), a public utility may do any of the
13        (1) replace or upgrade any existing high voltage
14    electric service line and related facilities,
15    notwithstanding its length;
16        (2) relocate any existing high voltage electric
17    service line and related facilities, notwithstanding its
18    length, to accommodate construction or expansion of a
19    roadway or other transportation infrastructure; or
20        (3) construct a high voltage electric service line and
21    related facilities that is constructed solely to serve a
22    single customer's premises or to provide a generator
23    interconnection to the public utility's transmission
24    system and that will pass under or over the premises owned
25    by the customer or generator to be served or under or over
26    premises for which the customer or generator has secured



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1    the necessary right of way.
2(Source: P.A. 95-700, eff. 11-9-07; 96-1348, eff. 7-28-10.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.