Illinois General Assembly - Full Text of SB1726
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Full Text of SB1726  99th General Assembly

SB1726enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB1726 EnrolledLRB099 07484 HAF 27606 b

1    AN ACT concerning utilities.
 
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
5Sections 8-406, 8-406.1, and 8-510 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) After the effective date of this amendatory Act of
251987, no construction shall commence on any new nuclear power
26plant to be located within this State, and no certificate of

 

 

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1public convenience and necessity or other authorization shall
2be issued therefor by the Commission, until the Director of the
3Illinois Environmental Protection Agency finds that the United
4States 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
15reprocessing.
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
12following:
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    (h) A public utility seeking to construct a high-voltage
3electric service line and related facilities (Project) must
4show that the utility has held a minimum of 2 pre-filing public
5meetings to receive public comment concerning the Project in
6each county where the Project is to be located, no earlier than
76 months prior to filing an application for a certificate of
8public convenience and necessity from the Commission. Notice of
9the public meeting shall be published in a newspaper of general
10circulation within the affected county once a week for 3
11consecutive weeks, beginning no earlier than one month prior to
12the first public meeting. If the Project traverses 2 contiguous
13counties and where in one county the transmission line mileage
14and number of landowners over whose property the proposed route
15traverses is one-fifth or less of the transmission line mileage
16and number of such landowners of the other county, then the
17utility may combine the 2 pre-filing meetings in the county
18with the greater transmission line mileage and affected
19landowners. All other requirements regarding pre-filing
20meetings shall apply in both counties. Notice of the public
21meeting, including a description of the Project, must be
22provided in writing to the clerk of each county where the
23Project is to be located. A representative of the Commission
24shall be invited to each pre-filing public meeting.
25    (i) For applications filed after the effective date of this
26amendatory Act of the 99th General Assembly, the Commission

 

 

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1shall by registered mail notify each owner of record of land,
2as identified in the records of the relevant county tax
3assessor, included in the right-of-way over which the utility
4seeks in its application to construct a high-voltage electric
5line of the time and place scheduled for the initial hearing on
6the public utility's application. The utility shall reimburse
7the Commission for the cost of the postage and supplies
8incurred for mailing the notice.
9(Source: P.A. 95-700, eff. 11-9-07; 96-1348, eff. 7-28-10.)
 
10    (220 ILCS 5/8-406.1)
11    Sec. 8-406.1. Certificate of public convenience and
12necessity; expedited procedure.
13    (a) A public utility may apply for a certificate of public
14convenience and necessity pursuant to this Section for the
15construction of any new high voltage electric service line and
16related facilities (Project). To facilitate the expedited
17review process of an application filed pursuant to this
18Section, an application shall include all of the following:
19        (1) Information in support of the application that
20    shall include the following:
21            (A) A detailed description of the Project,
22        including location maps and plot plans to scale showing
23        all major components.
24            (B) The following engineering data:
25                (i) a detailed Project description including:

 

 

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1                    (I) name and destination of the Project;
2                    (II) design voltage rating (kV);
3                    (III) operating voltage rating (kV); and
4                    (IV) normal peak operating current rating;
5                (ii) a conductor, structures, and substations
6            description including:
7                    (I) conductor size and type;
8                    (II) type of structures;
9                    (III) height of typical structures;
10                    (IV) an explanation why these structures
11                were selected;
12                    (V) dimensional drawings of the typical
13                structures to be used in the Project; and
14                    (VI) a list of the names of all new (and
15                existing if applicable) substations or
16                switching stations that will be associated
17                with the proposed new high voltage electric
18                service line;
19                (iii) the location of the site and
20            right-of-way including:
21                    (I) miles of right-of-way;
22                    (II) miles of circuit;
23                    (III) width of the right-of-way; and
24                    (IV) a brief description of the area
25                traversed by the proposed high voltage
26                electric service line, including a description

 

 

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1                of the general land uses in the area and the
2                type of terrain crossed by the proposed line;
3                (iv) assumptions, bases, formulae, and methods
4            used in the development and preparation of the
5            diagrams and accompanying data, and a technical
6            description providing the following information:
7                    (I) number of circuits, with
8                identification as to whether the circuit is
9                overhead or underground;
10                    (II) the operating voltage and frequency;
11                and
12                    (III) conductor size and type and number
13                of conductors per phase;
14                (v) if the proposed interconnection is an
15            overhead line, the following additional
16            information also must be provided:
17                    (I) the wind and ice loading design
18                parameters;
19                    (II) a full description and drawing of a
20                typical supporting structure, including
21                strength specifications;
22                    (III) structure spacing with typical
23                ruling and maximum spans;
24                    (IV) conductor (phase) spacing; and
25                    (V) the designed line-to-ground and
26                conductor-side clearances;

 

 

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1                (vi) if an underground or underwater
2            interconnection is proposed, the following
3            additional information also must be provided:
4                    (I) burial depth;
5                    (II) type of cable and a description of any
6                required supporting equipment, such as
7                insulation medium pressurizing or forced
8                cooling;
9                    (III) cathodic protection scheme; and
10                    (IV) type of dielectric fluid and
11                safeguards used to limit potential spills in
12                waterways;
13                (vii) technical diagrams that provide
14            clarification of any item under this item (1)
15            should be included; and
16                (viii) applicant shall provide and identify a
17            primary right-of-way and one or more alternate
18            rights-of-way for the Project as part of the
19            filing. To the extent applicable, for each
20            right-of-way, an applicant shall provide the
21            information described in this subsection (a). Upon
22            a showing of good cause in its filing, an applicant
23            may be excused from providing and identifying
24            alternate rights-of-way.
25        (2) An application fee of $100,000, which shall be paid
26    into the Public Utility Fund at the time the Chief Clerk of

 

 

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1    the Commission deems it complete and accepts the filing.
2        (3) Information showing that the utility has held a
3    minimum of 3 pre-filing public meetings to receive public
4    comment concerning the Project in each county where the
5    Project is to be located, no earlier than 6 months prior to
6    the filing of the application. Notice of the public meeting
7    shall be published in a newspaper of general circulation
8    within the affected county once a week for 3 consecutive
9    weeks, beginning no earlier than one month prior to the
10    first public meeting. If the Project traverses 2 contiguous
11    counties and where in one county the transmission line
12    mileage and number of landowners over whose property the
13    proposed route traverses is 1/5 or less of the transmission
14    line mileage and number of such landowners of the other
15    county, then the utility may combine the 3 pre-filing
16    meetings in the county with the greater transmission line
17    mileage and affected landowners. All other requirements
18    regarding pre-filing meetings shall apply in both
19    counties. Notice of the public meeting, including a
20    description of the Project, must be provided in writing to
21    the clerk of each county where the Project is to be
22    located. A representative of the Commission shall be
23    invited to each pre-filing public meeting.
24    For applications filed after the effective date of this
25amendatory Act of the 99th General Assembly, the Commission
26shall by registered mail notify each owner of record of the

 

 

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1land, as identified in the records of the relevant county tax
2assessor, included in the primary or alternate rights-of-way
3identified in the utility's application of the time and place
4scheduled for the initial hearing upon the public utility's
5application. The utility shall reimburse the Commission for the
6cost of the postage and supplies incurred for mailing the
7notice.
8    (b) At the first status hearing the administrative law
9judge shall set a schedule for discovery that shall take into
10consideration the expedited nature of the proceeding.
11    (c) Nothing in this Section prohibits a utility from
12requesting, or the Commission from approving, protection of
13confidential or proprietary information under applicable law.
14The public utility may seek confidential protection of any of
15the information provided pursuant to this Section, subject to
16Commission approval.
17    (d) The public utility shall publish notice of its
18application in the official State newspaper within 10 days
19following the date of the application's filing.
20    (e) The public utility shall establish a dedicated website
21for the Project 3 weeks prior to the first public meeting and
22maintain the website until construction of the Project is
23complete. The website address shall be included in all public
24notices.
25    (f) The Commission shall, after notice and hearing, grant a
26certificate of public convenience and necessity filed in

 

 

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1accordance with the requirements of this Section if, based upon
2the application filed with the Commission and the evidentiary
3record, it finds the Project will promote the public
4convenience and necessity and that all of the following
5criteria are satisfied:
6        (1) That the Project is necessary to provide adequate,
7    reliable, and efficient service to the public utility's
8    customers and is the least-cost means of satisfying the
9    service needs of the public utility's customers or that the
10    Project will promote the development of an effectively
11    competitive electricity market that operates efficiently,
12    is equitable to all customers, and is the least cost means
13    of satisfying those objectives.
14        (2) That the public utility is capable of efficiently
15    managing and supervising the construction process and has
16    taken sufficient action to ensure adequate and efficient
17    construction and supervision of the construction.
18        (3) That the public utility is capable of financing the
19    proposed construction without significant adverse
20    financial consequences for the utility or its customers.
21    (g) The Commission shall issue its decision with findings
22of fact and conclusions of law granting or denying the
23application no later than 150 days after the application is
24filed. The Commission may extend the 150-day deadline upon
25notice by an additional 75 days if, on or before the 30th day
26after the filing of the application, the Commission finds that

 

 

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1good cause exists to extend the 150-day period.
2    (h) In the event the Commission grants a public utility's
3application for a certificate pursuant to this Section, the
4public utility shall pay a one-time construction fee to each
5county in which the Project is constructed within 30 days after
6the completion of construction. The construction fee shall be
7$20,000 per mile of high voltage electric service line
8constructed in that county, or a proportionate fraction of that
9fee. The fee shall be in lieu of any permitting fees that
10otherwise would be imposed by a county. Counties receiving a
11payment under this subsection (h) may distribute all or
12portions of the fee to local taxing districts in that county.
13    (i) Notwithstanding any other provisions of this Act, a
14decision granting a certificate under this Section shall
15include an order pursuant to Section 8-503 of this Act
16authorizing or directing the construction of the high voltage
17electric service line and related facilities as approved by the
18Commission, in the manner and within the time specified in said
19order.
20(Source: P.A. 96-1348, eff. 7-28-10.)
 
21    (220 ILCS 5/8-510)  (from Ch. 111 2/3, par. 8-510)
22    Sec. 8-510. Land surveys and land use studies. For the
23purpose of making land surveys and land use studies, any public
24utility that has been granted a certificate of public
25convenience and necessity by, or received an order under

 

 

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1Section 8-503 or 8-406.1 of this Act from, the Commission may,
230 days after providing written notice to the owner thereof by
3registered mail and after providing a second notice to the
4owner of record, as identified in the records of the relevant
5county tax assessor, by telephone or electronic mail or by
6registered mail in the event the property owner has not been
7notified by other means, at least 3 days, but not more than 15
8days, prior to the stated date in the notice, identifying the
9date when land surveys and land use studies will first begin on
10their property and informing the landowner that they or their
11agent may be present when the land surveys or land use studies
12occur, enter upon the property of any owner who has refused
13permission for entrance upon that property, but subject to
14responsibility for all damages which may be inflicted thereby.
15(Source: P.A. 96-1348, eff. 7-28-10.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.